FL
Florida House Bill H0341

Florida 2024 Regular Session

Florida House Bill H0341 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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14+A bill to be entitled 1
1515 An act relating to designation of a diagnosis on motor 2
1616 vehicle registrations; providing a short title; 3
1717 amending s. 320.02, F.S.; requiring language on an 4
1818 application form for motor vehicle registration to 5
1919 allow an applicant to indicate that the applicant has 6
2020 been diagnosed with, or is the parent or legal 7
2121 guardian of a child or ward who has been diagnosed 8
2222 with, specified disabilities or disorders; requiring a 9
2323 specified designation to be included in a motor 10
2424 vehicle record; prohibiting inclusion of specified 11
2525 information in a motor vehicle record for certain 12
2626 purposes; requiring the Department of Highway Safety 13
2727 and Motor Vehicles to allow specified persons to 14
2828 update a motor vehicle registration to include or 15
2929 remove the specified designation at any time; amending 16
3030 s. 320.27, F.S.; conforming a cross -reference; 17
3131 providing an effective date. 18
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3333 WHEREAS, persons with special needs, including 20
3434 developmental disabilitie s and mental illnesses, are among the 21
3535 most vulnerable within their communities, and 22
3636 WHEREAS, interacting with law enforcement officers or first 23
3737 responders in an emergency, such as a motor vehicle crash or 24
3838 other crisis situation, can be more complex for pe rsons with 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 special needs, as language, physical, cognitive, learning, or 26
5252 mental disabilities may create barriers to receiving immediate 27
5353 and appropriate assistance, and 28
5454 WHEREAS, providing law enforcement officers and first 29
5555 responders with advance notice t hat a person with whom they are 30
5656 about to interact has a developmental disability, mental 31
5757 illness, or other special need will improve communication, 32
5858 reduce unnecessary adverse actions, and ensure that the person 33
5959 receives the specific response and care he or she requires, NOW, 34
6060 THEREFORE, 35
6161 36
6262 Be It Enacted by the Legislature of the State of Florida: 37
6363 38
6464 Section 1. This act may be cited as the "Safeguarding 39
6565 American Families Everywhere (SAFE) Act." 40
6666 Section 2. Subsections (15) through (20) of section 41
6767 320.02, Florida Statutes, are renumbered as subsections (16) 42
6868 through (21), respectively, and a new subsection (15) is added 43
6969 to that section to read: 44
7070 320.02 Registration required; application for 45
7171 registration; forms. — 46
7272 (15) The application form for motor vehicl e registration 47
7373 must include language allowing an applicant to voluntarily 48
7474 indicate that the applicant has been diagnosed with, or is the 49
7575 parent or legal guardian of a child or ward who has been 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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8888 diagnosed with, any of the following disabilities or disorders 51
8989 by a physician licensed under chapter 458 or chapter 459: 52
9090 (a) Autism. 53
9191 (b) Attention deficit hyperactivity disorder. 54
9292 (c) Down syndrome. 55
9393 (d) Alzheimer's disease. 56
9494 (e) Traumatic brain injury. 57
9595 (f) Posttraumatic stress disorder. 58
9696 (g) Diabetes. 59
9797 (h) An autoimmune disorder. 60
9898 (i) Deafness. 61
9999 (j) Blindness. 62
100100 (k) Any other mentally or physically limiting disorder. 63
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102102 If the applicant indicates one or more of the diagnoses listed 65
103103 above on the application, the department must include the 66
104104 designation "SAFE" in the motor vehicle record. For purposes of 67
105105 this subsection, the department may not include in the motor 68
106106 vehicle record personal identifying information of, or any 69
107107 diagnosis of, a person for whom a diagnosis is indicated. The 70
108108 department must allow a mot or vehicle owner or co -owner to 71
109109 update a motor vehicle registration to include or remove the 72
110110 "SAFE" designation under this subsection at any time. 73
111111 Section 3. Paragraph (b) of subsection (9) of section 74
112112 320.27, Florida Statutes, is amended to read: 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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125125 320.27 Motor vehicle dealers. — 76
126126 (9) DENIAL, SUSPENSION, OR REVOCATION. — 77
127127 (b) The department may deny, suspend, or revoke any 78
128128 license issued hereunder or under the provisions of s. 320.77 or 79
129129 s. 320.771 upon proof that a licensee has committed, with 80
130130 sufficient frequency so as to establish a pattern of wrongdoing 81
131131 on the part of a licensee, violations of one or more of the 82
132132 following activities: 83
133133 1. Representation that a demonstrator is a new motor 84
134134 vehicle, or the attempt to sell or the sale of a demonstrator as 85
135135 a new motor vehicle without written notice to the purchaser that 86
136136 the vehicle is a demonstrator. For the purposes of this section, 87
137137 a "demonstrator," a "new motor vehicle," and a "used motor 88
138138 vehicle" shall be defined as under s. 320.60. 89
139139 2. Unjustifiable refusal to comply with a licensee's 90
140140 responsibility under the terms of the new motor vehicle warranty 91
141141 issued by its respective manufacturer, distributor, or importer. 92
142142 However, if such refusal is at the direction of the 93
143143 manufacturer, distributor, or importer, such refusal shall not 94
144144 be a ground under this section. 95
145145 3. Misrepresentation or false, deceptive, or misleading 96
146146 statements with regard to the sale or financing of motor 97
147147 vehicles which any motor vehicle dealer has, or causes to have, 98
148148 advertised, printed, displayed, published, distributed, 99
149149 broadcast, televised, or made in any manner with regard to 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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162162 sale or financing of motor vehicles. 101
163163 4. Failure by any motor vehicle dealer to provide a 102
164164 customer or purchaser with an odometer disclosure statement and 103
165165 a copy of any bona fide written, executed sales contract or 104
166166 agreement of purchase connected with the purchase of the motor 105
167167 vehicle purchased by the customer or purchaser. 106
168168 5. Failure of any motor vehicle dealer to comply with the 107
169169 terms of any bona fide writt en, executed agreement, pursuant to 108
170170 the sale of a motor vehicle. 109
171171 6. Failure to apply for transfer of a title as prescribed 110
172172 in s. 319.23(6). 111
173173 7. Use of the dealer license identification number by any 112
174174 person other than the licensed dealer or his or her de signee. 113
175175 8. Failure to continually meet the requirements of the 114
176176 licensure law. 115
177177 9. Representation to a customer or any advertisement to 116
178178 the public representing or suggesting that a motor vehicle is a 117
179179 new motor vehicle if such vehicle lawfully cannot be t itled in 118
180180 the name of the customer or other member of the public by the 119
181181 seller using a manufacturer's statement of origin as permitted 120
182182 in s. 319.23(1). 121
183183 10. Requirement by any motor vehicle dealer that a 122
184184 customer or purchaser accept equipment on his or her motor 123
185185 vehicle which was not ordered by the customer or purchaser. 124
186186 11. Requirement by any motor vehicle dealer that any 125
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195195 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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199199 customer or purchaser finance a motor vehicle with a specific 126
200200 financial institution or company. 127
201201 12. Requirement by any motor vehicle dealer that the 128
202202 purchaser of a motor vehicle contract with the dealer for 129
203203 physical damage insurance. 130
204204 13. Perpetration of a fraud upon any person as a result of 131
205205 dealing in motor vehicles, including, without limitation, the 132
206206 misrepresentation to any person by the licensee of the 133
207207 licensee's relationship to any manufacturer, importer, or 134
208208 distributor. 135
209209 14. Violation of any of the provisions of s. 319.35 by any 136
210210 motor vehicle dealer. 137
211211 15. Sale by a motor vehicle dealer of a vehicle offered in 138
212212 trade by a customer prior to consummation of the sale, exchange, 139
213213 or transfer of a newly acquired vehicle to the customer, unless 140
214214 the customer provides written authorization for the sale of the 141
215215 trade-in vehicle prior to delivery of the newly acquired 142
216216 vehicle. 143
217217 16. Willful failure to comply with any administrative rule 144
218218 adopted by the department or the provisions of s. 320.131(8). 145
219219 17. Violation of chapter 319, this chapter, or ss. 146
220220 559.901-559.9221, which has to do with dealing in or repairing 147
221221 motor vehicles or mobile homes. Additionally, in the case of 148
222222 used motor vehicles, the willful violation of the federal law 149
223223 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 150
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232232 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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236236 the consumer sales window form. 151
237237 18. Failure to maintain evidence of notification to the 152
238238 owner or co-owner of a vehicle regarding registration or titling 153
239239 fees owed as required in s. 320.02(18) s. 320.02(17). 154
240240 19. Failure to register a mobile home salesperson with the 155
241241 department as required by this section. 156
242242 Section 4. This act shall take effect October 1, 2024. 157