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A bill to be entitled 1
An act relating to designation of a diagnosis on motor 2
vehicle registrations; providing a short title; 3
amending s. 320.02, F.S.; authorizing a motor vehicle 4
owner or registrant to designate on his or her 5
application form for motor vehicle registration that 6
he or she has been diagnosed with, or is the parent or 7
legal guardian of a child or ward who has been 8
diagnosed with, a developmental disability or 9
psychiatric disorder; authorizing removal of such 10
designation upon request; amending s. 320.27, F.S.; 11
conforming a cross-reference; providing an effective 12
date. 13
14
WHEREAS, persons with special needs, including 15
developmental disabilities and mental illnesses, a re among the 16
most vulnerable within their communities, and 17
WHEREAS, interacting with law enforcement officers or first 18
responders in an emergency, such as a motor vehicle crash or 19
other crisis situation, can be more complex for persons with 20
special needs, as language, physical, cognitive, learning, or 21
mental disabilities may create barriers to receiving immediate 22
and appropriate assistance, and 23
WHEREAS, providing law enforcement officers and first 24
responders with advance notice that a person with whom th ey are 25
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about to interact has a developmental disability, mental 26
illness, or other special need will improve communication, 27
reduce unnecessary adverse actions, and ensure that the person 28
receives the specific response and care he or she requires, NOW, 29
THEREFORE, 30
31
Be It Enacted by the Legislature of the State of Florida: 32
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Section 1. This act may be cited as the "Safeguarding 34
American Families Everywhere (SAFE) Act." 35
Section 2. Subsections (15) through (20) of section 36
320.02, Florida Statutes, are re numbered as subsections (16) 37
through (21), respectively, and a new subsection (15) is added 38
to that section to read: 39
320.02 Registration required; application for 40
registration; forms. — 41
(15) Upon presentation of proof acceptable to the 42
department, a motor vehicle owner or registrant may designate on 43
his or her application form for motor vehicle registration that 44
the owner or registrant has been diagnosed with, or is the 45
parent or legal guardian of a child or ward who has been 46
diagnosed with, a developmen tal disability or psychiatric 47
disorder by a physician licensed under chapter 458 or chapter 48
459. Such designation may be removed at any time upon request of 49
the owner or registrant. 50
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Section 3. Paragraph (b) of subsection (9) of section 51
320.27, Florida Statutes, is amended to read: 52
320.27 Motor vehicle dealers. — 53
(9) DENIAL, SUSPENSION, OR REVOCATION. — 54
(b) The department may deny, suspend, or revoke any 55
license issued hereunder or under the provisions of s. 320.77 or 56
s. 320.771 upon proof that a lic ensee has committed, with 57
sufficient frequency so as to establish a pattern of wrongdoing 58
on the part of a licensee, violations of one or more of the 59
following activities: 60
1. Representation that a demonstrator is a new motor 61
vehicle, or the attempt to sell or the sale of a demonstrator as 62
a new motor vehicle without written notice to the purchaser that 63
the vehicle is a demonstrator. For the purposes of this section, 64
a "demonstrator," a "new motor vehicle," and a "used motor 65
vehicle" shall be defined as under s. 320.60. 66
2. Unjustifiable refusal to comply with a licensee's 67
responsibility under the terms of the new motor vehicle warranty 68
issued by its respective manufacturer, distributor, or importer. 69
However, if such refusal is at the direction of the 70
manufacturer, distributor, or importer, such refusal shall not 71
be a ground under this section. 72
3. Misrepresentation or false, deceptive, or misleading 73
statements with regard to the sale or financing of motor 74
vehicles which any motor vehicle dealer has, or causes to have, 75
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advertised, printed, displayed, published, distributed, 76
broadcast, televised, or made in any manner with regard to the 77
sale or financing of motor vehicles. 78
4. Failure by any motor vehicle dealer to provide a 79
customer or purchaser with an odometer disclosure statement and 80
a copy of any bona fide written, executed sales contract or 81
agreement of purchase connected with the purchase of the motor 82
vehicle purchased by the customer or purchaser. 83
5. Failure of any motor vehicle dealer to comply with the 84
terms of any bona fide written, executed agreement, pursuant to 85
the sale of a motor vehicle. 86
6. Failure to apply for transfer of a title as prescribed 87
in s. 319.23(6). 88
7. Use of the dealer license identification number by any 89
person other than the licensed dealer or his or her designee. 90
8. Failure to continually meet the requirements of the 91
licensure law. 92
9. Representation to a customer or any advertisement to 93
the public representing or suggesting that a motor vehicle is a 94
new motor vehicle if such vehicle lawfully cannot be titled in 95
the name of the customer or other member of the public by the 96
seller using a manufacturer's statement of origin as permitted 97
in s. 319.23(1). 98
10. Requirement by any motor vehicle dealer that a 99
customer or purchaser accept equipment on his or her motor 100
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vehicle which was not ordered by the customer or purchaser. 101
11. Requirement by any motor vehicle dealer that any 102
customer or purchaser finance a motor vehicle with a specific 103
financial institution or company. 104
12. Requirement by any motor vehicle dealer that the 105
purchaser of a motor vehicle contract with the dealer for 106
physical damage insurance. 107
13. Perpetration of a fraud upon any person as a result of 108
dealing in motor vehicles, including, without limitation , the 109
misrepresentation to any person by the licensee of the 110
licensee's relationship to any manufacturer, importer, or 111
distributor. 112
14. Violation of any of the provisions of s. 319.35 by any 113
motor vehicle dealer. 114
15. Sale by a motor vehicle dealer of a vehicle offered in 115
trade by a customer prior to consummation of the sale, exchange, 116
or transfer of a newly acquired vehicle to the customer, unless 117
the customer provides written authorization for the sale of the 118
trade-in vehicle prior to delivery of the n ewly acquired 119
vehicle. 120
16. Willful failure to comply with any administrative rule 121
adopted by the department or the provisions of s. 320.131(8). 122
17. Violation of chapter 319, this chapter, or ss. 123
559.901-559.9221, which has to do with dealing in or repa iring 124
motor vehicles or mobile homes. Additionally, in the case of 125
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used motor vehicles, the willful violation of the federal law 126
and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 127
the consumer sales window form. 128
18. Failure to maintain evid ence of notification to the 129
owner or co-owner of a vehicle regarding registration or titling 130
fees owed as required in s. 320.02(18) s. 320.02(17). 131
19. Failure to register a mobile home salesperson with the 132
department as required by this section. 133
Section 4. This act shall take effect July 1, 2024. 134