Florida Senate - 2024 CS for CS for SB 288 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senators Rodriguez, Hooper, Wright, DiCeglie, and Broxson 606-03289-24 2024288c2 1 A bill to be entitled 2 An act relating to designation of a certain diagnosis 3 on motor vehicle registrations; providing a short 4 title; amending s. 320.02, F.S.; requiring the 5 application form for motor vehicle registration to 6 include certain language allowing an applicant to 7 indicate that he or she has been diagnosed with, or is 8 the parent or legal guardian of a child or ward who 9 has been diagnosed with, specified disabilities or 10 disorders; requiring a specified designation to be 11 included in a motor vehicle record; prohibiting 12 inclusion of specified information in a motor vehicle 13 record for certain purposes; requiring the Department 14 of Highway Safety and Motor Vehicles to allow 15 specified persons to update a motor vehicle 16 registration to include or remove the specified 17 designation at any time; amending s. 320.27, F.S.; 18 conforming a cross-reference; providing an effective 19 date. 20 21 WHEREAS, persons with special needs, including 22 developmental disabilities and mental illnesses, are among the 23 most vulnerable within their communities, and 24 WHEREAS, interacting with law enforcement officers or first 25 responders in an emergency, such as a motor vehicle crash or 26 other crisis situation, can be more complex for persons with 27 special needs, as language, physical, cognitive, learning, or 28 mental disabilities may create barriers to receiving immediate 29 and appropriate assistance, and 30 WHEREAS, providing law enforcement officers and first 31 responders with advance notice that a person with whom they are 32 about to interact has a developmental disability, mental 33 illness, or other special need will improve communication, 34 reduce unnecessary adverse actions, and ensure that the person 35 receives the specific response and care he or she requires, NOW, 36 THEREFORE, 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.This act may be cited as the Safeguarding 41 American Families Everywhere (SAFE) Act. 42 Section 2.Present subsections (15) through (20) of section 43 320.02, Florida Statutes, are redesignated as subsections (16) 44 through (21), respectively, and a new subsection (15) is added 45 to that section, to read: 46 320.02Registration required; application for registration; 47 forms. 48 (15)The application form for motor vehicle registration 49 must include language allowing an applicant to voluntarily 50 indicate that the applicant has been diagnosed with, or is the 51 parent or legal guardian of a child or ward who has been 52 diagnosed with, any of the following disabilities or disorders 53 by a physician licensed under chapter 458 or chapter 459: 54 (a)Autism. 55 (b)Attention deficit hyperactivity disorder. 56 (c)Down syndrome. 57 (d)Alzheimers disease. 58 (e)Traumatic brain injury. 59 (f)Posttraumatic stress disorder. 60 (g)Diabetes. 61 (h)An autoimmune disorder. 62 (i)Deafness. 63 (j)Blindness. 64 (k)Any other mentally or physically limiting disorder. 65 66 If the applicant indicates one of the diagnoses listed above on 67 the application, the department must include the designation 68 SAFE in the motor vehicle record. For purposes of this 69 subsection, the department may not include in the motor vehicle 70 record personal identifying information of or any diagnosis of a 71 person for whom a diagnosis is indicated. The department must 72 allow a motor vehicle owner or co-owner to update a motor 73 vehicle registration to include or remove the SAFE designation 74 under this subsection at any time. 75 Section 3.Paragraph (b) of subsection (9) of section 76 320.27, Florida Statutes, is amended to read: 77 320.27Motor vehicle dealers. 78 (9)DENIAL, SUSPENSION, OR REVOCATION. 79 (b)The department may deny, suspend, or revoke any license 80 issued hereunder or under the provisions of s. 320.77 or s. 81 320.771 upon proof that a licensee has committed, with 82 sufficient frequency so as to establish a pattern of wrongdoing 83 on the part of a licensee, violations of one or more of the 84 following activities: 85 1.Representation that a demonstrator is a new motor 86 vehicle, or the attempt to sell or the sale of a demonstrator as 87 a new motor vehicle without written notice to the purchaser that 88 the vehicle is a demonstrator. For the purposes of this section, 89 a demonstrator, a new motor vehicle, and a used motor 90 vehicle shall be defined as under s. 320.60. 91 2.Unjustifiable refusal to comply with a licensees 92 responsibility under the terms of the new motor vehicle warranty 93 issued by its respective manufacturer, distributor, or importer. 94 However, if such refusal is at the direction of the 95 manufacturer, distributor, or importer, such refusal shall not 96 be a ground under this section. 97 3.Misrepresentation or false, deceptive, or misleading 98 statements with regard to the sale or financing of motor 99 vehicles which any motor vehicle dealer has, or causes to have, 100 advertised, printed, displayed, published, distributed, 101 broadcast, televised, or made in any manner with regard to the 102 sale or financing of motor vehicles. 103 4.Failure by any motor vehicle dealer to provide a 104 customer or purchaser with an odometer disclosure statement and 105 a copy of any bona fide written, executed sales contract or 106 agreement of purchase connected with the purchase of the motor 107 vehicle purchased by the customer or purchaser. 108 5.Failure of any motor vehicle dealer to comply with the 109 terms of any bona fide written, executed agreement, pursuant to 110 the sale of a motor vehicle. 111 6.Failure to apply for transfer of a title as prescribed 112 in s. 319.23(6). 113 7.Use of the dealer license identification number by any 114 person other than the licensed dealer or his or her designee. 115 8.Failure to continually meet the requirements of the 116 licensure law. 117 9.Representation to a customer or any advertisement to the 118 public representing or suggesting that a motor vehicle is a new 119 motor vehicle if such vehicle lawfully cannot be titled in the 120 name of the customer or other member of the public by the seller 121 using a manufacturers statement of origin as permitted in s. 122 319.23(1). 123 10.Requirement by any motor vehicle dealer that a customer 124 or purchaser accept equipment on his or her motor vehicle which 125 was not ordered by the customer or purchaser. 126 11.Requirement by any motor vehicle dealer that any 127 customer or purchaser finance a motor vehicle with a specific 128 financial institution or company. 129 12.Requirement by any motor vehicle dealer that the 130 purchaser of a motor vehicle contract with the dealer for 131 physical damage insurance. 132 13.Perpetration of a fraud upon any person as a result of 133 dealing in motor vehicles, including, without limitation, the 134 misrepresentation to any person by the licensee of the 135 licensees relationship to any manufacturer, importer, or 136 distributor. 137 14.Violation of any of the provisions of s. 319.35 by any 138 motor vehicle dealer. 139 15.Sale by a motor vehicle dealer of a vehicle offered in 140 trade by a customer prior to consummation of the sale, exchange, 141 or transfer of a newly acquired vehicle to the customer, unless 142 the customer provides written authorization for the sale of the 143 trade-in vehicle prior to delivery of the newly acquired 144 vehicle. 145 16.Willful failure to comply with any administrative rule 146 adopted by the department or the provisions of s. 320.131(8). 147 17.Violation of chapter 319, this chapter, or ss. 559.901 148 559.9221, which has to do with dealing in or repairing motor 149 vehicles or mobile homes. Additionally, in the case of used 150 motor vehicles, the willful violation of the federal law and 151 rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the 152 consumer sales window form. 153 18.Failure to maintain evidence of notification to the 154 owner or co-owner of a vehicle regarding registration or titling 155 fees owed as required in s. 320.02(18) s. 320.02(17). 156 19.Failure to register a mobile home salesperson with the 157 department as required by this section. 158 Section 4.This act shall take effect October 1, 2024.