FL
Florida House Bill H1517

Florida 2022 Regular Session

Florida House Bill H1517 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to motor vehicles; amending s. 319.23, 2
16-F.S.; revising the period in which motor vehicle 3
17-dealers and mobile home dealers must file applications 4
18-for certificates of title; providing an effective 5
19-date. 6
20- 7
21-Be It Enacted by the Legislature of the State of Florida: 8
22- 9
23- Section 1. Paragraph (a) of subsection (6) of section 10
24-319.23, Florida Statutes, is amended to read: 11
25- 319.23 Application for, and is suance of, certificate of 12
26-title.— 13
27- (6)(a) In the case of the sale of a motor vehicle or 14
28-mobile home by a licensed dealer to a general purchaser, the 15
29-certificate of title must be obtained in the name of the 16
30-purchaser by the dealer upon application signed b y the 17
31-purchaser, and in each other case the certificate must be 18
32-obtained by the purchaser. In each case of transfer of a motor 19
33-vehicle or mobile home, the application for a certificate of 20
34-title, a corrected certificate, or an assignment or reassignment 21
35-must be filed within 60 30 days after the delivery of the motor 22
36-vehicle or after consummation of the sale of the mobile home to 23
37-the purchaser. An applicant must pay a fee of $20, in addition 24
38-to all other fees and penalties required by law, for failing to 25
16+F.S.; providing that motor vehicle dealers or mobile 3
17+home dealers should apply for, rather than are 4
18+required to obtain, certificates of title in the name 5
19+of purchasers; providing that certain applications 6
20+relating to transfers of motor vehicles or mobile 7
21+homes should, rather than must, be filed within a 8
22+certain timeframe; revising a condition under which 9
23+the timeframe begins; deleting an authorization for 10
24+certain penalties; amending s. 320.131, F.S.; 11
25+conforming a cross-reference; amending s. 320.27, 12
26+F.S.; revising grounds on which the Department of 13
27+Highway Safety and Motor Vehicles may deny, suspend, 14
28+or revoke a motor vehicle dealer license; providing an 15
29+effective date. 16
30+ 17
31+Be It Enacted by the Legislature of the State of Florida: 18
32+ 19
33+ Section 1. Paragraph (a) of subsection (6) of section 20
34+319.23, Florida Statutes, is amended to read: 21
35+ 319.23 Application for, and issuance of, certificate of 22
36+title.— 23
37+ (6)(a) In the case of the sale of a motor vehicle or 24
38+mobile home by a licensed dealer to a general purchaser, the 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-file such application within the specified time. In the case of 26
52-the sale of a motor vehicle by a licensed motor vehicle dealer 27
53-to a general purchaser who resides in another state or country, 28
54-the dealer is not required to apply for a certificate of title 29
55-for the motor vehicle; however, the dealer must transfer 30
56-ownership and reassign the certificate of title or 31
57-manufacturer's certificate of origin to the purchaser, and the 32
58-purchaser must sign an affidavit, as approved by the department, 33
59-that the purchaser will ti tle and register the motor vehicle in 34
60-another state or country. 35
61- Section 2. This act shall take effect July 1, 2022. 36
51+certificate of title should must be applied for obtained in the 26
52+name of the purchaser by the dealer upon application signed by 27
53+the purchaser, and in each other case the certificate must be 28
54+obtained by the purchaser. In each case of transfer of a motor 29
55+vehicle or mobile home, the application for a certificate of 30
56+title, a corrected certificate, or a n assignment or reassignment 31
57+should must be filed within 30 days after the delivery of the 32
58+motor vehicle and receipt from the lender of satisfaction of the 33
59+lien or after consummation of the sale of the mobile home to the 34
60+purchaser. An applicant must pay a fee of $20, in addition to 35
61+all other fees and penalties required by law, for failing to 36
62+file such application within the specified time. In the case of 37
63+the sale of a motor vehicle by a licensed motor vehicle dealer 38
64+to a general purchaser who resides in ano ther state or country, 39
65+the dealer is not required to apply for a certificate of title 40
66+for the motor vehicle; however, the dealer must transfer 41
67+ownership and reassign the certificate of title or 42
68+manufacturer's certificate of origin to the purchaser, and the 43
69+purchaser must sign an affidavit, as approved by the department, 44
70+that the purchaser will title and register the motor vehicle in 45
71+another state or country. 46
72+ Section 2. Subsection (8) of section 320.131, Florida 47
73+Statutes, is amended to read: 48
74+ 320.131 Temporary tags.— 49
75+ (8) The department shall administer an electronic system 50
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84+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88+for licensed motor vehicle dealers to use for issuing temporary 51
89+tags. If a dealer fails to comply with the department's 52
90+requirements for issuing temporary tags using the electronic 53
91+system, the department may deny, suspend, or revoke a license 54
92+under s. 320.27(9)(b)15. s. 320.27(9)(b)16. upon proof that the 55
93+licensee has failed to comply with the department's 56
94+requirements. The department may adopt rules to administer this 57
95+section. 58
96+ Section 3. Paragraph (b) of subsection (9) of section 59
97+320.27, Florida Statutes, is amended to read: 60
98+ 320.27 Motor vehicle dealers. — 61
99+ (9) DENIAL, SUSPENSION, OR REVOCATION. — 62
100+ (b) The department may deny, suspend, or revoke any 63
101+license issued hereunder or u nder the provisions of s. 320.77 or 64
102+s. 320.771 upon proof that a licensee has committed, with 65
103+sufficient frequency so as to establish a pattern of wrongdoing 66
104+on the part of a licensee, violations of one or more of the 67
105+following activities: 68
106+ 1. Representation that a demonstrator is a new motor 69
107+vehicle, or the attempt to sell or the sale of a demonstrator as 70
108+a new motor vehicle without written notice to the purchaser that 71
109+the vehicle is a demonstrator. For the purposes of this section, 72
110+a "demonstrator," a "n ew motor vehicle," and a "used motor 73
111+vehicle" shall be defined as under s. 320.60. 74
112+ 2. Unjustifiable refusal to comply with a licensee's 75
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121+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125+responsibility under the terms of the new motor vehicle warranty 76
126+issued by its respective manufacturer, distributor, or importer. 77
127+However, if such refusal is at the direction of the 78
128+manufacturer, distributor, or importer, such refusal shall not 79
129+be a ground under this section. 80
130+ 3. Misrepresentation or false, deceptive, or misleading 81
131+statements with regard to the sale or financing of motor 82
132+vehicles which any motor vehicle dealer has, or causes to have, 83
133+advertised, printed, displayed, published, distributed, 84
134+broadcast, televised, or made in any manner with regard to the 85
135+sale or financing of motor vehicles. 86
136+ 4. Failure by any motor vehicle dealer to provide a 87
137+customer or purchaser with an odometer disclosure statement and 88
138+a copy of any bona fide written, executed sales contract or 89
139+agreement of purchase connected with the purchase of the motor 90
140+vehicle purchased by the custome r or purchaser. 91
141+ 5. Failure of any motor vehicle dealer to comply with the 92
142+terms of any bona fide written, executed agreement, pursuant to 93
143+the sale of a motor vehicle. 94
144+ 6. Failure to apply for transfer of a title as prescribed 95
145+in s. 319.23(6). 96
146+ 7. Use of the dealer license identification number by any 97
147+person other than the licensed dealer or his or her designee. 98
148+ 7.8. Intentional failure to continually meet the 99
149+requirements of the licensure law. 100
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158+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162+ 8.9. Representation to a customer or any advertisement to 101
163+the public representing or suggesting that a motor vehicle is a 102
164+new motor vehicle if such vehicle lawfully cannot be titled in 103
165+the name of the customer or other member of the public by the 104
166+seller using a manufacturer's statement of origin as permitted 105
167+in s. 319.23(1). 106
168+ 9.10. Requirement by any motor vehicle dealer that a 107
169+customer or purchaser accept equipment on his or her motor 108
170+vehicle which was not ordered by the customer or purchaser. 109
171+ 10.11. Requirement by any motor vehicle dealer that any 110
172+customer or purchaser finance a motor vehicle with a specific 111
173+financial institution or company. 112
174+ 11.12. Requirement by any motor vehicle dealer that the 113
175+purchaser of a motor vehicle contract with the dealer for 114
176+physical damage insurance. 115
177+ 12.13. Perpetration of a fraud upon any person as a result 116
178+of dealing in motor vehicles, including, without limitation, the 117
179+misrepresentation to any person by the licensee of the 118
180+licensee's relationship to any manufacturer, imp orter, or 119
181+distributor. 120
182+ 13.14. Violation of any of the provisions of s. 319.35 by 121
183+any motor vehicle dealer. 122
184+ 14.15. Sale by a motor vehicle dealer of a vehicle offered 123
185+in trade by a customer prior to consummation of the sale, 124
186+exchange, or transfer of a n ewly acquired vehicle to the 125
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195+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199+customer, unless the customer provides written authorization for 126
200+the sale of the trade -in vehicle prior to delivery of the newly 127
201+acquired vehicle. 128
202+ 15.16. Willful failure to comply with any administrative 129
203+rule adopted by the d epartment or the provisions of s. 130
204+320.131(8). 131
205+ 16.17. Violation of chapter 319, this chapter, or ss. 132
206+559.901-559.9221, which has to do with dealing in or repairing 133
207+motor vehicles or mobile homes. Additionally, in the case of 134
208+used motor vehicles, the willf ul violation of the federal law 135
209+and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 136
210+the consumer sales window form. 137
211+ 17.18. Failure to maintain evidence of notification to the 138
212+owner or co-owner of a vehicle regarding registration or titling 139
213+fees owed as required in s. 320.02(17). 140
214+ 18.19. Failure to register a mobile home salesperson with 141
215+the department as required by this section. 142
216+ Section 4. This act shall take effect July 1, 2022. 143