CS/HB 341 2024
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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
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.; requiring language on an 4
application form for motor vehicle registration to 5
allow an applicant to indicate that the applicant has 6
been diagnosed with, or is the parent or legal 7
guardian of a child or ward who has been diagnosed 8
with, specified disabilities or disorders; requiring 9
such information to be included in a specified 10
database and system upon proof acceptable to the 11
Department of Highway Safety and Motor Vehicles; 12
requiring the department to allow specified persons to 13
update a motor vehicle registration to include or 14
remove such information at any time; amending s. 15
320.27, F.S.; conforming a cross -reference; providing 16
an effective date. 17
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WHEREAS, persons with special needs, including 19
developmental disabilities and mental illnesses, are among the 20
most vulnerable within t heir communities, and 21
WHEREAS, interacting with law enforcement officers or first 22
responders in an emergency, such as a motor vehicle crash or 23
other crisis situation, can be more complex for persons with 24
special needs, as language, physical, cognitive, le arning, or 25
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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
mental disabilities may create barriers to receiving immediate 26
and appropriate assistance, and 27
WHEREAS, providing law enforcement officers and first 28
responders with advance notice that a person with whom they are 29
about to interact has a develo pmental disability, mental 30
illness, or other special need will improve communication, 31
reduce unnecessary adverse actions, and ensure that the person 32
receives the specific response and care he or she requires, NOW, 33
THEREFORE, 34
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Be It Enacted by the Legisla ture of the State of Florida: 36
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Section 1. This act may be cited as the "Safeguarding 38
American Families Everywhere (SAFE) Act." 39
Section 2. Subsections (15) through (20) of section 40
320.02, Florida Statutes, are renumbered as subsections (16) 41
through (21), respectively, and a new subsection (15) is added 42
to that section to read: 43
320.02 Registration required; application for 44
registration; forms. — 45
(15) The application form for motor vehicle registration 46
must include language allowing an applicant to voluntarily 47
indicate that the applicant has been diagnosed with, or is the 48
parent or legal guardian of a child or ward who has been 49
diagnosed with, any of the following disabilities or disorders 50
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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
by a physician licensed under chapter 458 or chapter 459: 51
(a) Autism. 52
(b) Attention deficit hyperactivity disorder. 53
(c) Down syndrome. 54
(d) Alzheimer's disease. 55
(e) Traumatic brain injury. 56
(f) Posttraumatic stress disorder. 57
(g) Diabetes. 58
(h) An autoimmune disorder. 59
(i) Deafness. 60
(j) Blindness. 61
(k) Any other mentally or physically limiting disorder. 62
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If the applicant indicates one of the diagnoses listed above on 64
the application and provides proof acceptable to the department 65
of such diagnosis, the information from the application must be 66
included through the Driver and Vehicle Information Database and 67
available through the Florida Crime Information Center system. 68
The department must allow a motor vehicle owner or co -owner to 69
update a motor vehicle registration to include or remove 70
information regarding a diagnosis under this subsection at any 71
time. 72
Section 3. Paragraph (b) of subsection (9) of section 73
320.27, Florida Statutes, is amended to read: 74
320.27 Motor vehicle dealers. — 75
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(9) DENIAL, SUSPENSION, OR REVOCATION. — 76
(b) The department m ay deny, suspend, or revoke any 77
license issued hereunder or under the provisions of s. 320.77 or 78
s. 320.771 upon proof that a licensee has committed, with 79
sufficient frequency so as to establish a pattern of wrongdoing 80
on the part of a licensee, violations of one or more of the 81
following activities: 82
1. Representation that a demonstrator is a new motor 83
vehicle, or the attempt to sell or the sale of a demonstrator as 84
a new motor vehicle without written notice to the purchaser that 85
the vehicle is a demonstra tor. For the purposes of this section, 86
a "demonstrator," a "new motor vehicle," and a "used motor 87
vehicle" shall be defined as under s. 320.60. 88
2. Unjustifiable refusal to comply with a licensee's 89
responsibility under the terms of the new motor vehicle w arranty 90
issued by its respective manufacturer, distributor, or importer. 91
However, if such refusal is at the direction of the 92
manufacturer, distributor, or importer, such refusal shall not 93
be a ground under this section. 94
3. Misrepresentation or false, dec eptive, or misleading 95
statements with regard to the sale or financing of motor 96
vehicles which any motor vehicle dealer has, or causes to have, 97
advertised, printed, displayed, published, distributed, 98
broadcast, televised, or made in any manner with regard t o the 99
sale or financing of motor vehicles. 100
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4. Failure by any motor vehicle dealer to provide a 101
customer or purchaser with an odometer disclosure statement and 102
a copy of any bona fide written, executed sales contract or 103
agreement of purchase connected wit h the purchase of the motor 104
vehicle purchased by the customer or purchaser. 105
5. Failure of any motor vehicle dealer to comply with the 106
terms of any bona fide written, executed agreement, pursuant to 107
the sale of a motor vehicle. 108
6. Failure to apply for t ransfer of a title as prescribed 109
in s. 319.23(6). 110
7. Use of the dealer license identification number by any 111
person other than the licensed dealer or his or her designee. 112
8. Failure to continually meet the requirements of the 113
licensure law. 114
9. Representation to a customer or any advertisement to 115
the public representing or suggesting that a motor vehicle is a 116
new motor vehicle if such vehicle lawfully cannot be titled in 117
the name of the customer or other member of the public by the 118
seller using a manufa cturer's statement of origin as permitted 119
in s. 319.23(1). 120
10. Requirement by any motor vehicle dealer that a 121
customer or purchaser accept equipment on his or her motor 122
vehicle which was not ordered by the customer or purchaser. 123
11. Requirement by any motor vehicle dealer that any 124
customer or purchaser finance a motor vehicle with a specific 125
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financial institution or company. 126
12. Requirement by any motor vehicle dealer that the 127
purchaser of a motor vehicle contract with the dealer for 128
physical damage insurance. 129
13. Perpetration of a fraud upon any person as a result of 130
dealing in motor vehicles, including, without limitation, the 131
misrepresentation to any person by the licensee of the 132
licensee's relationship to any manufacturer, importer, or 133
distributor. 134
14. Violation of any of the provisions of s. 319.35 by any 135
motor vehicle dealer. 136
15. Sale by a motor vehicle dealer of a vehicle offered in 137
trade by a customer prior to consummation of the sale, exchange, 138
or transfer of a newly acquired vehicle to t he customer, unless 139
the customer provides written authorization for the sale of the 140
trade-in vehicle prior to delivery of the newly acquired 141
vehicle. 142
16. Willful failure to comply with any administrative rule 143
adopted by the department or the provisions o f s. 320.131(8). 144
17. Violation of chapter 319, this chapter, or ss. 145
559.901-559.9221, which has to do with dealing in or repairing 146
motor vehicles or mobile homes. Additionally, in the case of 147
used motor vehicles, the willful violation of the federal law 148
and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 149
the consumer sales window form. 150
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18. Failure to maintain evidence of notification to the 151
owner or co-owner of a vehicle regarding registration or titling 152
fees owed as required in s. 320.02(18) s. 320.02(17). 153
19. Failure to register a mobile home salesperson with the 154
department as required by this section. 155
Section 4. This act shall take effect October 1, 2024. 156