CS/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 a 9
specified designation to be included in a motor 10
vehicle record; prohibiting inclusion of specified 11
information in a motor vehicle record for certain 12
purposes; requiring the Department of Highway Safety 13
and Motor Vehicles to allow specified persons to 14
update a motor vehicle registration to include or 15
remove the specified designation at any time; amending 16
s. 320.27, F.S.; conforming a cross -reference; 17
providing an effective date. 18
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WHEREAS, persons with special needs, including 20
developmental disabilitie s and mental illnesses, are among the 21
most vulnerable within their communities, and 22
WHEREAS, interacting with law enforcement officers or first 23
responders in an emergency, such as a motor vehicle crash or 24
other crisis situation, can be more complex for pe rsons with 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
special needs, as language, physical, cognitive, learning, or 26
mental disabilities may create barriers to receiving immediate 27
and appropriate assistance, and 28
WHEREAS, providing law enforcement officers and first 29
responders with advance notice t hat a person with whom they are 30
about to interact has a developmental disability, mental 31
illness, or other special need will improve communication, 32
reduce unnecessary adverse actions, and ensure that the person 33
receives the specific response and care he or she requires, NOW, 34
THEREFORE, 35
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Be It Enacted by the Legislature of the State of Florida: 37
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Section 1. This act may be cited as the "Safeguarding 39
American Families Everywhere (SAFE) Act." 40
Section 2. Subsections (15) through (20) of section 41
320.02, Florida Statutes, are renumbered as subsections (16) 42
through (21), respectively, and a new subsection (15) is added 43
to that section to read: 44
320.02 Registration required; application for 45
registration; forms. — 46
(15) The application form for motor vehicl e registration 47
must include language allowing an applicant to voluntarily 48
indicate that the applicant has been diagnosed with, or is the 49
parent or legal guardian of a child or ward who has been 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
diagnosed with, any of the following disabilities or disorders 51
by a physician licensed under chapter 458 or chapter 459: 52
(a) Autism. 53
(b) Attention deficit hyperactivity disorder. 54
(c) Down syndrome. 55
(d) Alzheimer's disease. 56
(e) Traumatic brain injury. 57
(f) Posttraumatic stress disorder. 58
(g) Diabetes. 59
(h) An autoimmune disorder. 60
(i) Deafness. 61
(j) Blindness. 62
(k) Any other mentally or physically limiting disorder. 63
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If the applicant indicates one or more of the diagnoses listed 65
above on the application, the department must include the 66
designation "SAFE" in the motor vehicle record. For purposes of 67
this subsection, the department may not include in the motor 68
vehicle record personal identifying information of, or any 69
diagnosis of, a person for whom a diagnosis is indicated. The 70
department must allow a mot or vehicle owner or co -owner to 71
update a motor vehicle registration to include or remove the 72
"SAFE" designation under this subsection at any time. 73
Section 3. Paragraph (b) of subsection (9) of section 74
320.27, Florida Statutes, is amended to read: 75
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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
320.27 Motor vehicle dealers. — 76
(9) DENIAL, SUSPENSION, OR REVOCATION. — 77
(b) The department may deny, suspend, or revoke any 78
license issued hereunder or under the provisions of s. 320.77 or 79
s. 320.771 upon proof that a licensee has committed, with 80
sufficient frequency so as to establish a pattern of wrongdoing 81
on the part of a licensee, violations of one or more of the 82
following activities: 83
1. Representation that a demonstrator is a new motor 84
vehicle, or the attempt to sell or the sale of a demonstrator as 85
a new motor vehicle without written notice to the purchaser that 86
the vehicle is a demonstrator. For the purposes of this section, 87
a "demonstrator," a "new motor vehicle," and a "used motor 88
vehicle" shall be defined as under s. 320.60. 89
2. Unjustifiable refusal to comply with a licensee's 90
responsibility under the terms of the new motor vehicle warranty 91
issued by its respective manufacturer, distributor, or importer. 92
However, if such refusal is at the direction of the 93
manufacturer, distributor, or importer, such refusal shall not 94
be a ground under this section. 95
3. Misrepresentation or false, deceptive, or misleading 96
statements with regard to the sale or financing of motor 97
vehicles which any motor vehicle dealer has, or causes to have, 98
advertised, printed, displayed, published, distributed, 99
broadcast, televised, or made in any manner with regard to the 100
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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
sale or financing of motor vehicles. 101
4. Failure by any motor vehicle dealer to provide a 102
customer or purchaser with an odometer disclosure statement and 103
a copy of any bona fide written, executed sales contract or 104
agreement of purchase connected with the purchase of the motor 105
vehicle purchased by the customer or purchaser. 106
5. Failure of any motor vehicle dealer to comply with the 107
terms of any bona fide writt en, executed agreement, pursuant to 108
the sale of a motor vehicle. 109
6. Failure to apply for transfer of a title as prescribed 110
in s. 319.23(6). 111
7. Use of the dealer license identification number by any 112
person other than the licensed dealer or his or her de signee. 113
8. Failure to continually meet the requirements of the 114
licensure law. 115
9. Representation to a customer or any advertisement to 116
the public representing or suggesting that a motor vehicle is a 117
new motor vehicle if such vehicle lawfully cannot be t itled in 118
the name of the customer or other member of the public by the 119
seller using a manufacturer's statement of origin as permitted 120
in s. 319.23(1). 121
10. Requirement by any motor vehicle dealer that a 122
customer or purchaser accept equipment on his or her motor 123
vehicle which was not ordered by the customer or purchaser. 124
11. Requirement by any motor vehicle dealer that any 125
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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
customer or purchaser finance a motor vehicle with a specific 126
financial institution or company. 127
12. Requirement by any motor vehicle dealer that the 128
purchaser of a motor vehicle contract with the dealer for 129
physical damage insurance. 130
13. Perpetration of a fraud upon any person as a result of 131
dealing in motor vehicles, including, without limitation, the 132
misrepresentation to any person by the licensee of the 133
licensee's relationship to any manufacturer, importer, or 134
distributor. 135
14. Violation of any of the provisions of s. 319.35 by any 136
motor vehicle dealer. 137
15. Sale by a motor vehicle dealer of a vehicle offered in 138
trade by a customer prior to consummation of the sale, exchange, 139
or transfer of a newly acquired vehicle to the customer, unless 140
the customer provides written authorization for the sale of the 141
trade-in vehicle prior to delivery of the newly acquired 142
vehicle. 143
16. Willful failure to comply with any administrative rule 144
adopted by the department or the provisions of s. 320.131(8). 145
17. Violation of chapter 319, this chapter, or ss. 146
559.901-559.9221, which has to do with dealing in or repairing 147
motor vehicles or mobile homes. Additionally, in the case of 148
used motor vehicles, the willful violation of the federal law 149
and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 150
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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
the consumer sales window form. 151
18. Failure to maintain evidence of notification to the 152
owner or co-owner of a vehicle regarding registration or titling 153
fees owed as required in s. 320.02(18) s. 320.02(17). 154
19. Failure to register a mobile home salesperson with the 155
department as required by this section. 156
Section 4. This act shall take effect October 1, 2024. 157