FL
Florida House Bill H0973

Florida 2023 Regular Session

Florida House Bill H0973 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 rescission or cancellation of a 2
1616 motor vehicle sale; amending s. 212.17, F.S.; 3
1717 requiring that a motor vehicle dealer be reimbursed in 4
1818 a specified manner under certain circumstances for tax 5
1919 collected or charged by the motor vehicle dealer for a 6
2020 motor vehicle sale or for an application for a 7
2121 certificate of title; creating s. 319.255, F.S.; 8
22-authorizing an authorized representative of a motor 9
23-vehicle dealer, a motor vehicle purchaser, and any 10
24-person claiming a lien on a motor vehicle, by writt en 11
25-concurrence signed by all such parties, to rescind or 12
26-cancel a motor vehicle sale before an application for 13
27-a certificate of title is submitted; providing for 14
28-invalidation of certain subsequent requirements 15
29-imposed on a motor vehicle dealer under certai n 16
30-circumstances; authorizing the motor vehicle dealer to 17
31-obtain a duplicate certificate of origin, duplicate 18
32-certificate of title, or new certificate of title; 19
33-requiring the Department of Highway Safety and Motor 20
34-Vehicles to rescind, cancel, or revoke an a pplication 21
35-for a certificate of title or an issued certificate of 22
36-title after execution of a certain affidavit; 23
37-providing requirements for the return or payment of 24
38-certain sales taxes; providing for the surrender or 25
22+authorizing a motor vehicle dealer, a motor vehicle 9
23+purchaser, and any person claiming a lien on a motor 10
24+vehicle, by written concurrence of all parties si gned 11
25+by specified persons, to rescind or cancel a motor 12
26+vehicle sale before an application for a certificate 13
27+of title is submitted; providing for invalidation of 14
28+certain subsequent requirements imposed on a motor 15
29+vehicle dealer under certain circumstances; 16
30+authorizing the motor vehicle dealer to obtain a 17
31+duplicate certificate of origin, duplicate certificate 18
32+of title, or new certificate of title; requiring the 19
33+Department of Highway Safety and Motor Vehicles to 20
34+rescind, cancel, or revoke an application for a 21
35+certificate of title or an issued certificate of title 22
36+after execution of a certain affidavit; providing 23
37+requirements for the return or payment of certain fees 24
38+and sales taxes; providing for the surrender or 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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5151 destruction of a certificate of title; providin g 26
5252 requirements for filing and processing the affidavit; 27
5353 prohibiting a motor vehicle dealer from offering for 28
5454 retail sale a motor vehicle the sale of which has been 29
5555 rescinded or canceled until receipt of a certificate 30
56-of title from the department; pr oviding applicability; 31
56+of title from the department; providing construction; 31
5757 providing an effective date. 32
5858 33
5959 Be It Enacted by the Legislature of the State of Florida: 34
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6161 Section 1. Paragraph (d) is added to subsection (1) of 36
6262 section 212.17, Florida Statutes, to read: 37
6363 212.17 Tax credits or refunds. — 38
6464 (1) 39
6565 (d) If, pursuant to s. 319.255, a motor vehicle sale is 40
6666 rescinded or canceled and the application for a certificate of 41
6767 title is rescinded, canceled, or revoked, the motor vehicle 42
6868 dealer must be reimbursed, in a manner prescribed by the 43
6969 department, the amount of tax collected or charged by the motor 44
7070 vehicle dealer for the sale or application, so long as the motor 45
7171 vehicle dealer has returned to the motor vehicle purchaser the 46
7272 amount of such tax collected or charged. 47
7373 Section 2. Section 319.255, Florida Statutes , is created 48
7474 to read: 49
75- 319.255 Rescission or cancellation of used motor vehicle 50
75+ 319.255 Rescission or cancellation of motor vehicle sale. — 50
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8484 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-sale.— 51
89- (1) An authorized representative of a motor vehicle 52
90-dealer, a motor vehicle purchaser, and any person claiming a 53
91-lien on a motor vehicle, by written concurren ce signed by all 54
92-such parties, may rescind or cancel a motor vehicle sale before 55
93-an application for a certificate of title is submitted. The 56
94-written concurrence among the parties to rescind or cancel the 57
95-sale shall invalidate any subsequent requirements im posed upon 58
96-the motor vehicle dealer to submit an application or remit any 59
97-fees or taxes if all fees, taxes, and other moneys associated 60
98-with the rescinded or canceled sale are returned to the rightful 61
99-parties. A motor vehicle dealer may obtain a duplicate 62
100-certificate of origin or a duplicate certificate of title or 63
101-obtain a new certificate of title in accordance with subsection 64
102-(2). 65
103- (2) The department shall rescind, cancel, or revoke an 66
104-application for a certificate of title or a title that has been 67
105-issued if, within 60 days after the sale of a motor vehicle, a 68
106-notarized affidavit signed by an authorized representative of 69
107-the motor vehicle dealer, the motor vehicle purchaser, and any 70
108-person claiming a lien on the motor vehicle is executed on a 71
109-form prescribed by the department stating that the motor vehicle 72
110-dealer, the motor vehicle purchaser, and any person claiming a 73
111-lien on the motor vehicle have rescinded or canceled the sale of 74
112-the motor vehicle and that all moneys associated with the 75
88+ (1) A motor vehicle dealer, a motor vehicle purchaser, and 51
89+any person claiming a lien on a motor vehicle, by written 52
90+concurrence of all parties signed by each person or by an 53
91+authorized representative thereof, may rescind or cancel a motor 54
92+vehicle sale before an application for a certificate of title is 55
93+submitted. The written concurrence among the parties to rescind 56
94+or cancel the sale shall invalidate any subsequent require ments 57
95+imposed upon the motor vehicle dealer to submit an application 58
96+or remit any fees or taxes if all fees, taxes, and other moneys 59
97+associated with the rescinded or canceled sale are returned to 60
98+the rightful parties. A motor vehicle dealer may obtain a 61
99+duplicate certificate of origin or a duplicate certificate of 62
100+title or obtain a new certificate of title in accordance with 63
101+subsection (2). 64
102+ (2) The department shall rescind, cancel, or revoke an 65
103+application for a certificate of title or a title that has be en 66
104+issued if, within 60 days after the sale of a motor vehicle, a 67
105+notarized affidavit signed by the motor vehicle dealer, the 68
106+motor vehicle purchaser, and any person claiming a lien on the 69
107+motor vehicle, or an authorized representative of each such 70
108+person, is executed on a form prescribed by the department 71
109+stating that the motor vehicle dealer, the motor vehicle 72
110+purchaser, and any person claiming a lien on the motor vehicle 73
111+have rescinded or canceled the sale of the motor vehicle and 74
112+that all moneys associa ted with the transfer of the motor 75
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121121 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-transfer of the motor vehicle have been or will be returned to 76
126-the relevant parties. 77
127- (a) Sales taxes refunded or credited to the motor vehicle 78
128-purchaser shall be refunded or credited to the motor vehicle 79
129-dealer in the manner prescribed by the Department of Revenue. 80
130- (b) If a certificate of title has been issued, the motor 81
131-vehicle dealer must obtain and surrender the certificate of 82
132-title to the department or certify that the certificate of title 83
133-has been lost or destroyed or will be obtained and destroyed 84
134-upon receipt. 85
135- (c) The affidavit must be filed no later than 30 days 86
136-after the date of execution of the affidavit by the motor 87
137-vehicle dealer, the motor vehicle purchaser, or any person 88
138-claiming a lien on the motor vehicle, whichever date is latest. 89
139- (d) The department shall process the affidavit within 7 90
140-days after receipt and issue a certificate of title to the motor 91
141-vehicle dealer reflecting the name of the motor vehicle dealer 92
142-and the odometer reading reflected on the most recent assignment 93
143-before the rescinded, canc eled, or revoked sale. 94
144- (e) A motor vehicle dealer may not offer a motor vehicle 95
145-subject to this subsection for retail sale until the motor 96
146-vehicle dealer has received a certificate of title from the 97
147-department. 98
148- (3) This section applies only to the sale or subsequent 99
149-rescission, cancellation, or revocation of sale of a used motor 100
125+vehicle have been or will be returned to the relevant parties. 76
126+ (a) Fees paid to the department, less fees paid in 77
127+accordance with s. 319.32, shall be returned to the motor 78
128+vehicle dealer. If no fees have been paid to th e department, the 79
129+motor vehicle dealer shall pay the fee required by s. 319.32. 80
130+ (b) Sales taxes refunded or credited to the motor vehicle 81
131+purchaser shall be refunded or credited to the motor vehicle 82
132+dealer in the manner prescribed by the Department of Re venue. 83
133+ (c) If a certificate of title has been issued, the motor 84
134+vehicle dealer must obtain and surrender the certificate of 85
135+title to the department or certify that the certificate of title 86
136+has been lost or destroyed or will be obtained and destroyed 87
137+upon receipt. 88
138+ (d) The affidavit must be filed no later than 30 days 89
139+after the date of execution of the affidavit by the motor 90
140+vehicle dealer, the motor vehicle purchaser, or any person 91
141+claiming a lien on the motor vehicle, whichever date is latest. 92
142+ (e) The department shall process the affidavit within 7 93
143+days after receipt and issue a certificate of title to the motor 94
144+vehicle dealer reflecting the name of the motor vehicle dealer 95
145+and the odometer reading reflected on the most recent assignment 96
146+before the rescinded, canceled, or revoked sale. 97
147+ (f) A motor vehicle dealer may not offer a motor vehicle 98
148+subject to this subsection for retail sale until the motor 99
149+vehicle dealer has received a certificate of title from the 100
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158158 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-vehicle as defined in s. 319.001. 101
163- Section 3. This act shall take effect July 1, 2023. 102
162+department. 101
163+ (3) A rescission, cancellatio n, or revocation of sale 102
164+under this section does not negate the fact that the motor 103
165+vehicle has been the subject of a previous retail sale. 104
166+ Section 3. This act shall take effect July 1, 2023. 105