s. 319.28 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 319.323 claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted. (c) If a surviving spouse who would be entitled to issuance of a certificate of title under paragraph (b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a certificate of title in his or her own name, but may assign to the transferee the certificate of title which was issued to the decedent. An application for a certificate of title by an applicant taken through such a surviving spouse under this paragraph shall be accompanied by the same documentation as would an application by a surviving spouse under paragraph (b), which documentation shall be supplied to the transferee by the surviving spouse. (d) A mobile home that is repossessed is exempt from registration if the mobile home is not transferred or titled for occupancy. (2)(a) Except as provided in paragraph (b), only an affidavit by the person, or agent of the person, to whom possession of such motor vehicle or mobile home has so passed, setting forth facts entitling him or her to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession. (b) In case of repossession of a motor vehicle or mobile home pursuant to the terms of a security agree- ment or similar instrument, an affidavit by the party to whom possession has passed stating that the vehicle or mobile home was repossessed upon default in the terms of the security agreement or other instrument shall be considered satisfactory proof of ownership and right of possession. At least 5 days prior to selling the repos- sessed vehicle, any subsequent lienholder named in the last issued certificate of title shall be sent notice of the repossession by certified mail, on a form prescribed by the department. If such notice is given and no written protest to the department is presented by a subsequent lienholder within 15 days from the date on which the notice was mailed, the certificate of title or the certificate of repossession shall be issued showing no liens. If the former owner or any subsequent lienholder files a writ- ten protest under oath within such 15-day period, the department shall not issue the certificate of title or certif- icate of repossession for 10 days thereafter. If within the 10-day period no injunction or other order of a court of competent jurisdiction has been served on the depart- ment commanding it not to deliver the certificate of title or certificate of 1 repossession to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application. Any lienholder who has repossessed a vehicle in compliance with the provisions of this section may apply to the tax collector's office or to the department for a certificate of repossession or to the department for a certificate of title pursuant to s. 319.323. Proof of the required notice to subsequent lienholders shall be submitted together with regular title fees. A lienholder to whom a certificate of repossession has been issued may assign the certifi- cate of title to the subsequent owner. Any person found 961 guilty of violating any requirements of this paragraph shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If the applicant for a certificate of title under this section cannot produce satisfactory proof of ownership and right of possession, he or she may submit such evi- dence as he or she may have, and the department may thereupon, if it finds the evidence sufficient, issue acer- tificate of title. History.-s. 9, ch. 23658, 1947: ss. 1, 2, ch. 23723, 1947; s. 7, ch. 25150, 1949: s. 8, ch. 28184, 1953: s. 1, ch. 61-446; s. 6, ch. 65-190: ss. 24, 35. ch. 69-106: s. 13, ch. 82-134; s. 10, ch. 83-218; s. 344, ch. 95-148; s. 9, ch. 95-333; s. 15, ch. 96-413. •Note.-As amended bys. 15, ch. 96-413. House Amendment 8 to C.S. for H.B. 1329. 1996 legislative session, included the words "the department shall deliver the certificate of title or repossession· following the word "repossession· (see Journal of the House of Representatives 1996, p. 1663). The amendment was adopted by the House of Representatives, but the additional language was not contained in a later amendment, Senate Amendment 1, adopted by both the Senate and the House of Representatives (see Journal of the Senate 1996, p. 986). 319.323 Expedited service; applications; fees.- The department shall establish a separate title office which may be utilized by private citizens and licensed motor vehicle dealers to receive expedited service on title transfers, title issuances, duplicate titles, and recor- dation of liens, and certificates of repossession. A fee of $7 shall be charged for this service, which fee is in addi- tion to the fees imposed by s. 319.32. Application for such expedited service may be made by mail or in per- son. The department shall issue each title applied for pursuant to this section within 5 working days after receipt of the application except for an application for a duplicate title certificate covered by s. 319.23(4), in which case the title must be issued within 5 working days after compliance with the department's verification requirements. History.-s. 1, ch. 79-399: s. 17, ch. 82-134: s. 8, ch. 89-333; s. 16. ch. 96-413. 320.01 320.025 320.031 320.05 320.055 320.06 320.0605 320.061 320.065 320.0657 320.0659 320.07 CHAPTER 320 MOTOR VEHICLE LICENSES Definitions, general. Registration certificate and license plate issued under fictitious name; application. Mailing of registration certificates, license plates, and validation stickers. Records of the department; inspection pro- cedure; lists and searches; fees. Registration periods; renewal periods. Registration certificates, license plates, and validation stickers generally. Certificate of registration; possession required; exception. Unlawful to alter motor vehicle registration certificates, license plates, mobile home stickers, or validation stickers; penalty. Registration of certain rental trailers for hire and semitrailers used to haul agricultural products. Permanent registration; fleet license plates. Permanent registration of trailer for hire and semitrailers. Expiration of registration; annual renewal required; penalties.
Transcript
s 31928 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 319323
claims or if the will is not being probated by a sworn copy of the will and an affidavit that the estate is not indebted
(c) If a surviving spouse who would be entitled to issuance of a certificate of title under paragraph (b) wishes to dispose of the vehicle rather than retaining it for his or her own use the surviving spouse shall not be required to obtain a certificate of title in his or her own name but may assign to the transferee the certificate of title which was issued to the decedent An application for a certificate of title by an applicant taken through such a surviving spouse under this paragraph shall be accompanied by the same documentation as would an application by a surviving spouse under paragraph (b) which documentation shall be supplied to the transferee by the surviving spouse
(d) A mobile home that is repossessed is exempt from registration if the mobile home is not transferred or titled for occupancy
(2)(a) Except as provided in paragraph (b) only an affidavit by the person or agent of the person to whom possession of such motor vehicle or mobile home has so passed setting forth facts entitling him or her to such possession and ownership together with a copy of the journal entry court order or instrument upon which such claim of possession and ownership is founded shall be considered satisfactory proof of ownership and right of possession
(b) In case of repossession of a motor vehicle or mobile home pursuant to the terms of a security agreeshyment or similar instrument an affidavit by the party to whom possession has passed stating that the vehicle or mobile home was repossessed upon default in the terms of the security agreement or other instrument shall be considered satisfactory proof of ownership and right of possession At least 5 days prior to selling the reposshysessed vehicle any subsequent lienholder named in the last issued certificate of title shall be sent notice of the repossession by certified mail on a form prescribed by the department If such notice is given and no written protest to the department is presented by a subsequent lienholder within 15 days from the date on which the notice was mailed the certificate of title or the certificate of repossession shall be issued showing no liens If the former owner or any subsequent lienholder files a writshyten protest under oath within such 15-day period the department shall not issue the certificate of title or certifshyicate of repossession for 10 days thereafter If within the 10-day period no injunction or other order of a court of competent jurisdiction has been served on the departshyment commanding it not to deliver the certificate of title or certificate of 1repossession to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application Any lienholder who has repossessed a vehicle in compliance with the provisions of this section may apply to the tax collectors office or to the department for a certificate of repossession or to the department for a certificate of title pursuant to s 319323 Proof of the required notice to subsequent lienholders shall be submitted together with regular title fees A lienholder to whom a certificate of repossession has been issued may assign the certifishycate of title to the subsequent owner Any person found
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guilty of violating any requirements of this paragraph shall be guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084
(c) If the applicant for a certificate of title under this section cannot produce satisfactory proof of ownership and right of possession he or she may submit such evishydence as he or she may have and the department may thereupon if it finds the evidence sufficient issue acershytificate of title
History-s 9 ch 23658 1947 ss 1 2 ch 23723 1947 s 7 ch 25150 1949 s 8 ch 28184 1953 s 1 ch 61-446 s 6 ch 65-190 ss 24 35 ch 69-106 s 13 ch 82-134 s 10 ch 83-218 s 344 ch 95-148 s 9 ch 95-333 s 15 ch 96-413
bullNote-As amended bys 15 ch 96-413 House Amendment 8 to CS for HB 1329 1996 legislative session included the words the department shall deliver the certificate of title or repossessionmiddot following the word repossessionmiddot (see Journal of the House of Representatives 1996 p 1663) The amendment was adopted by the House of Representatives but the additional language was not contained in a later amendment Senate Amendment 1 adopted by both the Senate and the House of Representatives (see Journal of the Senate 1996 p 986)
319323 Expedited service applications feesshyThe department shall establish a separate title office which may be utilized by private citizens and licensed motor vehicle dealers to receive expedited service on title transfers title issuances duplicate titles and recorshydation of liens and certificates of repossession A fee of $7 shall be charged for this service which fee is in addishytion to the fees imposed by s 31932 Application for such expedited service may be made by mail or in pershyson The department shall issue each title applied for pursuant to this section within 5 working days after receipt of the application except for an application for a duplicate title certificate covered by s 31923(4) in which case the title must be issued within 5 working days after compliance with the departments verification requirements
History-s 1 ch 79-399 s 17 ch 82-134 s 8 ch 89-333 s 16 ch 96-413
32001 320025
320031
32005
320055 32006
3200605
320061
320065
3200657 3200659
32007
CHAPTER 320
MOTOR VEHICLE LICENSES
Definitions general Registration certificate and license plate
issued under fictitious name application Mailing of registration certificates license
plates and validation stickers Records of the department inspection proshy
cedure lists and searches fees Registration periods renewal periods Registration certificates license plates
and validation stickers generally Certificate of registration possession
required exception Unlawful to alter motor vehicle registration
certificates license plates mobile home stickers or validation stickers penalty
Registration of certain rental trailers for hire and semitrailers used to haul agricultural products
Permanent registration fleet license plates Permanent registration of trailer for hire and
semitrailers Expiration of registration annual renewal
required penalties
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
3200706 320072
320073 32008 32008035
32008047
3200805 32008056 32008058 3200815
320084
3200842
3200848
320086
320089
32013
320131 32018 32020 32027 320699
320771
3208225
3208231
320824
3208249 3208256 320827
320830
Display of license plates on trucks Additional fee imposed on certain motor
vehicle registration transactions Impact fee refunds License taxes Persons who have disabilities reduced
dimension license plate Voluntary contribution for organ and tissue
donor education Personalized prestige license plates Specialty license plates Specialty license plates Mobile homes and recreational vehicleshy
type units required to have appropriate license plates or stickers
Free motor vehicle license plate to certain disabled veterans
Free motor vehicle license plates to vetershyans who use wheelchairs
Persons who have disabilities issuance of disabled parking permits temporary pershymits permits for certain providers of transportation services to persons who have disabilities
Ancient antique or collectible motor vehishycles horseless carriage antique colshylectible or historical license plates
Members of National Guard and active United States Armed Forces reservists former prisoners of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee
Dealer license plates and alternative method of registration
Temporary tags Withholding registration Disposition of license tax moneys Motor vehicle dealers Administrative hearings and adjudications
procedure License required of recreational vehicle
dealers Mobile home and recreational vehicle manshy
ufacturers license Establishment of uniform standards for recshy
reational vehicle-type units and park trailers
Rules and regulations changes and modifi-cations of standards
Mobile home installers license Recreational vehicle inspection Seal or label procedures for issuance certishy
fication requirements Reciprocity
32001 Definitions general-As used in the Florida Statutes except as otherwise provided the term
(1) Motor vehicle means (a) An automobile motorcycle truck trailer semishy
trailer truck tractor and semitrailer combination or any other vehicle operated on the roads of this state used to transport persons or property and propelled by power other than muscular power but the term does not
include traction engines road rollers such vehicles as run only upon a track bicycles or mopeds
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle Recreational vehicle-type units when traveling on the public roadways of this state must comply with the length and width provisions of s 316515 as that section may hereafter be amended As defined below the basic entities are
1 The travel trailer which is a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle It is primarily designed and constructed to provide temporary living quarters for recreational camping or travel use It has a body width of no more than 812 feet and an overall body length of no more than 40 feet when factory-equipped tor the road
2 The camping trailer which is a vehicular portashyble unit mounted on wheels and constructed with colshylapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational camping or travel use
3 The truck camper which is a truck equipped with a portable unit designed to be loaded onto or affixed to the bed or chassis of the truck and conshystructed to provide temporary living quarters for recreshyational camping or travel use
4 The motor home which is a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in s 316515 is a selfshypropelled motor vehicle and is primarily designed to provide temporary living quarters tor recreational campshying or travel use
5 The private motor coach which is a vehicular unit which does not exceed the length width and height limitations provided ins 316515(9) is built on a self-propelled bus type chassis having no fewer than three load-bearing axles and is primarily designed to provide temporary living quarters for recreational campshying or travel use
6 The van conversion which is a vehicular unit which does not exceed the length and width limitations provided ins 316515 is built on a self-propelled motor vehicle chassis and is designed for recreation campshying and travel use
7 The park trailer which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances The total area of the unit in a setup mode when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions not including any bay window does not exceed 400 square feet when constructed to ANSI A-1195 standshyards and 500 square feet when constructed to United States Department of Housing and Urban Development Standards The length of a park trailer means the disshytance from the exterior of the front of the body (nearest
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s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body) including any protrusions
8 The fifth-wheel trailer which is a vehicular unit mounted on wheels designed to provide temporary livshying quarters for recreational camping or travel use of such size or weight as not to require a special highway movement permit of gross trailer area not to exceed 400 square feet in the setup mode and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicles rear axle
(2)(a) Mobile home means a structure transportshyable in one or more sections which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing heatshying air-conditioning and electrical systems contained therein For tax purposes the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space Such disshytance includes expandable rooms but excludes bay windows porches drawbars couplings hitches wall and roof extensions or other attachments that do not enclose interior space In the event that the mobile home owner has no proof of the length of the drawbar coushypling or hitch then the tax collector may in his or her disshycretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar coupling or hitch
(b) Manufactured home means a mobile home fabshyricated on or after June 15 1976 in an offsite manufacshyturing facility for installation or assembly at the building site with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act
(3) Owner means any person firm corporation or association controlling any motor vehicle or mobile home by right of purchase gift lease or otherwise
(4) Trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle
(5) Semitrailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle
(6) Net weight means the actual scale weight in pounds with complete catalog equipment
(7) Gross weight means the net weight of a motor vehicle in pounds plus the weight of the load carried by it
(8) Cwt means the weight per hundred pounds or major fraction thereof of a motor vehicle
(9) Truck means any motor vehicle with a net vehishycle weight of 5000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passengers
(10) Heavy truck means any motor vehicle with a net vehicle weight of more than 5000 pounds which is regshyistered on the basis of gross vehicle weight in accordshyance with s 32008(4) and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passenshygers
(11) Truck tractor means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semishytrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently
(12) Gross vehicle weight means (a) For heavy trucks with a net weight of more than
5000 pounds but less than 8000 pounds the gross weight of the heavy truck The gross vehicle weight is calculated by adding to the net weight of the heavy truck the weight of the load carried by it which is the maximum gross weight as declared by the owner or pershyson applying for registration
(b) For heavy trucks with a net weight of 8000 pounds or more the gross weight of the heavy truck including the gross weight of any trailer coupled thereto The gross vehicle weight is calculated by adding to the gross weight of the heavy truck the gross weight of the trailer which is the maximum gross weight as declared by the owner or person applying for registration
(c) The gross weight of a truck tractor and semishytrailer combination is calculated by adding to the net weight of the truck tractor the gross weight of the semishytrailer which is the maximum gross weight as declared by the owner or person applying for registration such vehicles are together by means of a fifth-wheel arrangeshyment whereby part of the weight of the semitrailer and load rests upon the truck tractor
(13) Passenger or any abbreviation thereof does not include a driver
(14) Private use means the use of any vehicle which is not properly classified as a for-hire vehicle
(15)(a) For-hire vehicle means any motor vehicle when used for transporting persons or goods for comshypensation let or rented to another for consideration offered for rent or hire as a means of transportation for compensation advertised in a newspaper or generally held out as being for rent or hire used in connection with a travel bureau or ottered or used to provide transportashytion for persons solicited through personal contact or advertised on a share-expense basis When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state or when goods are transported in a motor vehicle not owned by the person owning the goods such transporshytation is for hire The carriage of goods and other pershysonal property in a motor vehicle by a corporation or association for its stockholders shareholders and memshybers cooperative or otherwise is transportation for hire
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s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
(b) The following are not included in the term forshyhire vehicle a motor vehicle used for transporting school children to and from school under contract with school officials a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers a motor vehicle temporarily used by a farmer for the transportashytion of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipshyment by a transportation company or a motor vehicle not exceeding 112 tons under contract with the Governshyment of the United States to carry United States mail provided such vehicle is not used for commercial purshyposes
(16) Road means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic
17) Brake horsepower means the actual unit of torque developed per unit of time at the output shaft of an engine as measured by a dynamometer
(18) Department means the Department of Highway Safety and Motor Vehicles
(19) Registration period means a period of 12 months during which a motor vehicle or mobile home registration is valid
(20) Marine boat trailer dealer means any person engaged in
(a) The business of buying selling manufacturing or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels as defined ins 32702 or
(b) The offering or displaying of such trailers for sale (21) Renewal period means the period during which
renewal of a motor vehicle registration or mobile home registration is required as provided in s 320055
(22) Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes
(23) Apportioned motor vehicle means any motor vehicle which is required to be registered or with respect to which an election has been made to register it under the International Registration Plan
(24) International Registration Plan means a regisshytration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles opershyated in various jurisdictions
(25) Apportionable vehicle means any vehicle except recreational vehicles vehicles displaying restricted plates city pickup and delivery vehicles buses used in transportation of chartered parties and government-owned vehicles which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed used or maintained primarily for the transportation of property and
(a) Is a power unit having a gross vehicle weight in excess of 26001 pounds
(b) Is a power unit having three or more axles regardless of weight or
(c) Is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
Vehicles or combinations thereof having a gross vehishycle weight of 26001 pounds or less and two-axle vehishycles may be proportionally registered
(26) Commercial motor vehicle means any vehicle which is not owned or operated by a governmental entity which uses special fuel or motor fuel on the public highways and which has a gross vehicle weight of 26001 pounds or more or has three or more axles regardless of weight or is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
(27) Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor or a moped
(28) Moped means any vehicle with pedals to permit propulsion by human power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that funcshytions directly or automatically without clutching or shiftmiddot ing gears by the operator after the drive system is engaged If an internal combustion engine is used the displacement may not exceed 50 cubic centimeters
(29) Interstate means vehicle movement between or through two or more states
(30) Intrastate means vehicle movement from one point within a state to another point within the same state
(31) Person means and includes natural persons corporations copartnerships firms companies agwimiddot cies or associations singular or plural middot
(32) Registrant means a person in whose name or names a vehicle is properly registered
(33) Motor carrier means any person owning conshytrolling operating or managing any motor vehicle used to transport persons or property over any public highshyway
(34) Motorized disability access vehicle means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatshyically without clutching or shifting gears by the operator after the drive system is engaged If an internal combusshytion engine is used the displacement may not exceed 50 cubic centimeters
(35) Resident means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months who has registered to vote in this state who has made a statement of domicile pursuant to s 22217 or who has filed for homestead tax exemption on property in this state
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s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32005
(36) Nonresident means a person who is not a resishydent
(37) Electric vehicle means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries fuel cells or other sources of electrical current
Hiatory~ss 1 6 ch 72751917 s1 ch 7737 1918 RGS 1006 1011 ss 2 5 ch 8410 1921 s 2 ch 9156 1923 s 1 ch 9157 1923 ss_ 1 3 ch 10182 1925 CGL 1280 1285 1677 s 3 ch 15625 1931 s 3 ch 16085 1933 s 1 ch 20743 1941 s 1 ch 20911 1941 s 1 ch 26923 1951 s 1 ch 59-351 s 1 ch 65-61 s_ 1 ch 65-446 ss 23 24 35 ch 69-106 s 1 ch_ 70-215 s 1 ch 70-391 s 93 ch 71-377 s 1 ch 72--339 s 1 ch 73-284 s_ 2 ch 74-243 s 3 ch 75-66 s 2 ch 76-135 s 4 ch 76-286 s 1 ch 77-180 s 1 ch 77-357 s 1 ch 78-221 s 125 ch 79-400 s_ 12 ch 81-151 s_ 22 ch 82-134 s 3 ch 83-188 s 23 ch 83-215 s 1 ch 83-318 s 1 ch 84-182 s 7 ch 84-260 s 5 ch 85-155 s 43 ch 85-180 s 10 ch 85-309 s 4 ch 85-343 s 11 ch 86-243 s 11 ch 87--161 s 20 ch 87-198 s 5 ch 87-225 s 1 ch88-147 s 66 ch 89-282 s 2 ch 89-320 s 1 ch 90-163 s 4 ch 90-270 s 5 ch 92-148 s 39 ch 94-306 s_ 910 ch 95-148 s 10 ch 95-247 s 10 ch 95-333 s 29 ch 96-413
320025 Registration certificate and license plate issued under fictitious name application-
(1) A confidential registration certificate and regisshytration license plate shall be issued under a fictitious name only for a motor vehicle owned or operated by a law enforcement agency of state county municipal or federal government the Attorney Generals Medicaid Fraud Control Unit or any state public defenders office The requesting agency shall file a written application with the department on forms furnished by the departshyment which includes a statement that the license plate will be used for the Attorney Generals Medicaid Fraud Control Unit or law enforcement or any state public defenders office activities requiring concealment of publicly leased or owned motor vehicles and a stateshyment of the position classifications of the individuals who are authorized to use the license plate The departshyment may modify its records to reflect the fictitious idenshytity of the owner or lessee until such time as the license plate and registration certificate are surrendered to it
(2) Except as provided in subsection (1) any motor vehicle owned or exclusively operated by the state or any county municipality or other governmental entity must at all times display a license plate of the type preshyscribed in s 3200655
(3) This section constitutes an exception to other statutes relating to falsification of public records false swearing and similar matters All records relating to the registration application of the Attorney Generals Medishycaid Fraud Control Unit a law enforcement agency or any state public defenders office and records necesshysary to carry out the intended purpose of this section are exempt from the provisions of s 11907(1 ) and s 24(a) Art I of the State Constitution as long as the inforshymation is retained by the department This section does not prohibit other personations fabrications or creshyations of false identifications by the Attorney Generals Medicaid Fraud Control Unit or law enforcement or pubshylic defenders officers in the official performance of covert operations
Hiatory-s 1 ch 73-37 ss 2 3 ch 80-306 s 5 ch 83-318 ch 85-110 s 1ch 89-48 s 2 ch 91-114 s 1 ch 94-308 s 2 ch 96-331 s ch 96-406
320031 Mailing of registration certificates license plates and validation stickers-
( 1) The department and the tax collectors of the sevshyeral counties of the state may at the request of the applishycant use United States mail service to deliver registra-
tion certificates and renewals thereof license plates mobile home stickers and validation stickers to applishycants
(2) A mail service charge may be collected for each registration certificate license plate mobile home sticker and validation sticker mailed by the department or any tax collector Each registration certificate license plate mobile home sticker and validation sticker shall be mailed by first-class mail unless otherwise requested by the applicant The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge is in addition to the service charge provided by s 32004
1(3) The department is authorized to reproduce such documents records and reports as required to meet the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History--ss 1 2 ch 29956 1955 s 1 ch 59-190 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 75-66 s 2 ch 78-207 s 7 ch 83-318 s 30 ch 96-413
Note-As amended bys 30 ch 96-413 Prior to the amendment bys 30 ch 96-413 s 320031 contained only two subsections Section 30 ch 96-413 added subsection (3) coded to indicate the amendment was to a currently existing subsecmiddot lion The existing language contained in the amendment was actually found at s 32005(3)
32005 Records of the department inspection proshycedure lists and searches fees-
(1) Upon receipt of an application for the registration of a motor vehicle or mobile home as herein provided for the department shall register the motor vehicle or mobile home under the distinctive number assigned to such motor vehicle or mobile home by the department which registration record shall be open to the inspection of the public during business hours Information on a motor vehicle registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification The agency that furnishes a motor vehicle registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer Nothing in this section shall prohibit any finanshycial institution insurance company motor vehicle dealer licensee under chapter 493 attorney or other agency which the department determines has the right
965
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
3200706 320072
320073 32008 32008035
32008047
3200805 32008056 32008058 3200815
320084
3200842
3200848
320086
320089
32013
320131 32018 32020 32027 320699
320771
3208225
3208231
320824
3208249 3208256 320827
320830
Display of license plates on trucks Additional fee imposed on certain motor
vehicle registration transactions Impact fee refunds License taxes Persons who have disabilities reduced
dimension license plate Voluntary contribution for organ and tissue
donor education Personalized prestige license plates Specialty license plates Specialty license plates Mobile homes and recreational vehicleshy
type units required to have appropriate license plates or stickers
Free motor vehicle license plate to certain disabled veterans
Free motor vehicle license plates to vetershyans who use wheelchairs
Persons who have disabilities issuance of disabled parking permits temporary pershymits permits for certain providers of transportation services to persons who have disabilities
Ancient antique or collectible motor vehishycles horseless carriage antique colshylectible or historical license plates
Members of National Guard and active United States Armed Forces reservists former prisoners of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee
Dealer license plates and alternative method of registration
Temporary tags Withholding registration Disposition of license tax moneys Motor vehicle dealers Administrative hearings and adjudications
procedure License required of recreational vehicle
dealers Mobile home and recreational vehicle manshy
ufacturers license Establishment of uniform standards for recshy
reational vehicle-type units and park trailers
Rules and regulations changes and modifi-cations of standards
Mobile home installers license Recreational vehicle inspection Seal or label procedures for issuance certishy
fication requirements Reciprocity
32001 Definitions general-As used in the Florida Statutes except as otherwise provided the term
(1) Motor vehicle means (a) An automobile motorcycle truck trailer semishy
trailer truck tractor and semitrailer combination or any other vehicle operated on the roads of this state used to transport persons or property and propelled by power other than muscular power but the term does not
include traction engines road rollers such vehicles as run only upon a track bicycles or mopeds
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle Recreational vehicle-type units when traveling on the public roadways of this state must comply with the length and width provisions of s 316515 as that section may hereafter be amended As defined below the basic entities are
1 The travel trailer which is a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle It is primarily designed and constructed to provide temporary living quarters for recreational camping or travel use It has a body width of no more than 812 feet and an overall body length of no more than 40 feet when factory-equipped tor the road
2 The camping trailer which is a vehicular portashyble unit mounted on wheels and constructed with colshylapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational camping or travel use
3 The truck camper which is a truck equipped with a portable unit designed to be loaded onto or affixed to the bed or chassis of the truck and conshystructed to provide temporary living quarters for recreshyational camping or travel use
4 The motor home which is a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in s 316515 is a selfshypropelled motor vehicle and is primarily designed to provide temporary living quarters tor recreational campshying or travel use
5 The private motor coach which is a vehicular unit which does not exceed the length width and height limitations provided ins 316515(9) is built on a self-propelled bus type chassis having no fewer than three load-bearing axles and is primarily designed to provide temporary living quarters for recreational campshying or travel use
6 The van conversion which is a vehicular unit which does not exceed the length and width limitations provided ins 316515 is built on a self-propelled motor vehicle chassis and is designed for recreation campshying and travel use
7 The park trailer which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances The total area of the unit in a setup mode when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions not including any bay window does not exceed 400 square feet when constructed to ANSI A-1195 standshyards and 500 square feet when constructed to United States Department of Housing and Urban Development Standards The length of a park trailer means the disshytance from the exterior of the front of the body (nearest
962
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body) including any protrusions
8 The fifth-wheel trailer which is a vehicular unit mounted on wheels designed to provide temporary livshying quarters for recreational camping or travel use of such size or weight as not to require a special highway movement permit of gross trailer area not to exceed 400 square feet in the setup mode and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicles rear axle
(2)(a) Mobile home means a structure transportshyable in one or more sections which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing heatshying air-conditioning and electrical systems contained therein For tax purposes the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space Such disshytance includes expandable rooms but excludes bay windows porches drawbars couplings hitches wall and roof extensions or other attachments that do not enclose interior space In the event that the mobile home owner has no proof of the length of the drawbar coushypling or hitch then the tax collector may in his or her disshycretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar coupling or hitch
(b) Manufactured home means a mobile home fabshyricated on or after June 15 1976 in an offsite manufacshyturing facility for installation or assembly at the building site with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act
(3) Owner means any person firm corporation or association controlling any motor vehicle or mobile home by right of purchase gift lease or otherwise
(4) Trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle
(5) Semitrailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle
(6) Net weight means the actual scale weight in pounds with complete catalog equipment
(7) Gross weight means the net weight of a motor vehicle in pounds plus the weight of the load carried by it
(8) Cwt means the weight per hundred pounds or major fraction thereof of a motor vehicle
(9) Truck means any motor vehicle with a net vehishycle weight of 5000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passengers
(10) Heavy truck means any motor vehicle with a net vehicle weight of more than 5000 pounds which is regshyistered on the basis of gross vehicle weight in accordshyance with s 32008(4) and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passenshygers
(11) Truck tractor means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semishytrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently
(12) Gross vehicle weight means (a) For heavy trucks with a net weight of more than
5000 pounds but less than 8000 pounds the gross weight of the heavy truck The gross vehicle weight is calculated by adding to the net weight of the heavy truck the weight of the load carried by it which is the maximum gross weight as declared by the owner or pershyson applying for registration
(b) For heavy trucks with a net weight of 8000 pounds or more the gross weight of the heavy truck including the gross weight of any trailer coupled thereto The gross vehicle weight is calculated by adding to the gross weight of the heavy truck the gross weight of the trailer which is the maximum gross weight as declared by the owner or person applying for registration
(c) The gross weight of a truck tractor and semishytrailer combination is calculated by adding to the net weight of the truck tractor the gross weight of the semishytrailer which is the maximum gross weight as declared by the owner or person applying for registration such vehicles are together by means of a fifth-wheel arrangeshyment whereby part of the weight of the semitrailer and load rests upon the truck tractor
(13) Passenger or any abbreviation thereof does not include a driver
(14) Private use means the use of any vehicle which is not properly classified as a for-hire vehicle
(15)(a) For-hire vehicle means any motor vehicle when used for transporting persons or goods for comshypensation let or rented to another for consideration offered for rent or hire as a means of transportation for compensation advertised in a newspaper or generally held out as being for rent or hire used in connection with a travel bureau or ottered or used to provide transportashytion for persons solicited through personal contact or advertised on a share-expense basis When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state or when goods are transported in a motor vehicle not owned by the person owning the goods such transporshytation is for hire The carriage of goods and other pershysonal property in a motor vehicle by a corporation or association for its stockholders shareholders and memshybers cooperative or otherwise is transportation for hire
963
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
(b) The following are not included in the term forshyhire vehicle a motor vehicle used for transporting school children to and from school under contract with school officials a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers a motor vehicle temporarily used by a farmer for the transportashytion of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipshyment by a transportation company or a motor vehicle not exceeding 112 tons under contract with the Governshyment of the United States to carry United States mail provided such vehicle is not used for commercial purshyposes
(16) Road means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic
17) Brake horsepower means the actual unit of torque developed per unit of time at the output shaft of an engine as measured by a dynamometer
(18) Department means the Department of Highway Safety and Motor Vehicles
(19) Registration period means a period of 12 months during which a motor vehicle or mobile home registration is valid
(20) Marine boat trailer dealer means any person engaged in
(a) The business of buying selling manufacturing or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels as defined ins 32702 or
(b) The offering or displaying of such trailers for sale (21) Renewal period means the period during which
renewal of a motor vehicle registration or mobile home registration is required as provided in s 320055
(22) Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes
(23) Apportioned motor vehicle means any motor vehicle which is required to be registered or with respect to which an election has been made to register it under the International Registration Plan
(24) International Registration Plan means a regisshytration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles opershyated in various jurisdictions
(25) Apportionable vehicle means any vehicle except recreational vehicles vehicles displaying restricted plates city pickup and delivery vehicles buses used in transportation of chartered parties and government-owned vehicles which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed used or maintained primarily for the transportation of property and
(a) Is a power unit having a gross vehicle weight in excess of 26001 pounds
(b) Is a power unit having three or more axles regardless of weight or
(c) Is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
Vehicles or combinations thereof having a gross vehishycle weight of 26001 pounds or less and two-axle vehishycles may be proportionally registered
(26) Commercial motor vehicle means any vehicle which is not owned or operated by a governmental entity which uses special fuel or motor fuel on the public highways and which has a gross vehicle weight of 26001 pounds or more or has three or more axles regardless of weight or is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
(27) Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor or a moped
(28) Moped means any vehicle with pedals to permit propulsion by human power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that funcshytions directly or automatically without clutching or shiftmiddot ing gears by the operator after the drive system is engaged If an internal combustion engine is used the displacement may not exceed 50 cubic centimeters
(29) Interstate means vehicle movement between or through two or more states
(30) Intrastate means vehicle movement from one point within a state to another point within the same state
(31) Person means and includes natural persons corporations copartnerships firms companies agwimiddot cies or associations singular or plural middot
(32) Registrant means a person in whose name or names a vehicle is properly registered
(33) Motor carrier means any person owning conshytrolling operating or managing any motor vehicle used to transport persons or property over any public highshyway
(34) Motorized disability access vehicle means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatshyically without clutching or shifting gears by the operator after the drive system is engaged If an internal combusshytion engine is used the displacement may not exceed 50 cubic centimeters
(35) Resident means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months who has registered to vote in this state who has made a statement of domicile pursuant to s 22217 or who has filed for homestead tax exemption on property in this state
964
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32005
(36) Nonresident means a person who is not a resishydent
(37) Electric vehicle means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries fuel cells or other sources of electrical current
Hiatory~ss 1 6 ch 72751917 s1 ch 7737 1918 RGS 1006 1011 ss 2 5 ch 8410 1921 s 2 ch 9156 1923 s 1 ch 9157 1923 ss_ 1 3 ch 10182 1925 CGL 1280 1285 1677 s 3 ch 15625 1931 s 3 ch 16085 1933 s 1 ch 20743 1941 s 1 ch 20911 1941 s 1 ch 26923 1951 s 1 ch 59-351 s 1 ch 65-61 s_ 1 ch 65-446 ss 23 24 35 ch 69-106 s 1 ch_ 70-215 s 1 ch 70-391 s 93 ch 71-377 s 1 ch 72--339 s 1 ch 73-284 s_ 2 ch 74-243 s 3 ch 75-66 s 2 ch 76-135 s 4 ch 76-286 s 1 ch 77-180 s 1 ch 77-357 s 1 ch 78-221 s 125 ch 79-400 s_ 12 ch 81-151 s_ 22 ch 82-134 s 3 ch 83-188 s 23 ch 83-215 s 1 ch 83-318 s 1 ch 84-182 s 7 ch 84-260 s 5 ch 85-155 s 43 ch 85-180 s 10 ch 85-309 s 4 ch 85-343 s 11 ch 86-243 s 11 ch 87--161 s 20 ch 87-198 s 5 ch 87-225 s 1 ch88-147 s 66 ch 89-282 s 2 ch 89-320 s 1 ch 90-163 s 4 ch 90-270 s 5 ch 92-148 s 39 ch 94-306 s_ 910 ch 95-148 s 10 ch 95-247 s 10 ch 95-333 s 29 ch 96-413
320025 Registration certificate and license plate issued under fictitious name application-
(1) A confidential registration certificate and regisshytration license plate shall be issued under a fictitious name only for a motor vehicle owned or operated by a law enforcement agency of state county municipal or federal government the Attorney Generals Medicaid Fraud Control Unit or any state public defenders office The requesting agency shall file a written application with the department on forms furnished by the departshyment which includes a statement that the license plate will be used for the Attorney Generals Medicaid Fraud Control Unit or law enforcement or any state public defenders office activities requiring concealment of publicly leased or owned motor vehicles and a stateshyment of the position classifications of the individuals who are authorized to use the license plate The departshyment may modify its records to reflect the fictitious idenshytity of the owner or lessee until such time as the license plate and registration certificate are surrendered to it
(2) Except as provided in subsection (1) any motor vehicle owned or exclusively operated by the state or any county municipality or other governmental entity must at all times display a license plate of the type preshyscribed in s 3200655
(3) This section constitutes an exception to other statutes relating to falsification of public records false swearing and similar matters All records relating to the registration application of the Attorney Generals Medishycaid Fraud Control Unit a law enforcement agency or any state public defenders office and records necesshysary to carry out the intended purpose of this section are exempt from the provisions of s 11907(1 ) and s 24(a) Art I of the State Constitution as long as the inforshymation is retained by the department This section does not prohibit other personations fabrications or creshyations of false identifications by the Attorney Generals Medicaid Fraud Control Unit or law enforcement or pubshylic defenders officers in the official performance of covert operations
Hiatory-s 1 ch 73-37 ss 2 3 ch 80-306 s 5 ch 83-318 ch 85-110 s 1ch 89-48 s 2 ch 91-114 s 1 ch 94-308 s 2 ch 96-331 s ch 96-406
320031 Mailing of registration certificates license plates and validation stickers-
( 1) The department and the tax collectors of the sevshyeral counties of the state may at the request of the applishycant use United States mail service to deliver registra-
tion certificates and renewals thereof license plates mobile home stickers and validation stickers to applishycants
(2) A mail service charge may be collected for each registration certificate license plate mobile home sticker and validation sticker mailed by the department or any tax collector Each registration certificate license plate mobile home sticker and validation sticker shall be mailed by first-class mail unless otherwise requested by the applicant The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge is in addition to the service charge provided by s 32004
1(3) The department is authorized to reproduce such documents records and reports as required to meet the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History--ss 1 2 ch 29956 1955 s 1 ch 59-190 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 75-66 s 2 ch 78-207 s 7 ch 83-318 s 30 ch 96-413
Note-As amended bys 30 ch 96-413 Prior to the amendment bys 30 ch 96-413 s 320031 contained only two subsections Section 30 ch 96-413 added subsection (3) coded to indicate the amendment was to a currently existing subsecmiddot lion The existing language contained in the amendment was actually found at s 32005(3)
32005 Records of the department inspection proshycedure lists and searches fees-
(1) Upon receipt of an application for the registration of a motor vehicle or mobile home as herein provided for the department shall register the motor vehicle or mobile home under the distinctive number assigned to such motor vehicle or mobile home by the department which registration record shall be open to the inspection of the public during business hours Information on a motor vehicle registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification The agency that furnishes a motor vehicle registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer Nothing in this section shall prohibit any finanshycial institution insurance company motor vehicle dealer licensee under chapter 493 attorney or other agency which the department determines has the right
965
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body) including any protrusions
8 The fifth-wheel trailer which is a vehicular unit mounted on wheels designed to provide temporary livshying quarters for recreational camping or travel use of such size or weight as not to require a special highway movement permit of gross trailer area not to exceed 400 square feet in the setup mode and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicles rear axle
(2)(a) Mobile home means a structure transportshyable in one or more sections which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing heatshying air-conditioning and electrical systems contained therein For tax purposes the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space Such disshytance includes expandable rooms but excludes bay windows porches drawbars couplings hitches wall and roof extensions or other attachments that do not enclose interior space In the event that the mobile home owner has no proof of the length of the drawbar coushypling or hitch then the tax collector may in his or her disshycretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar coupling or hitch
(b) Manufactured home means a mobile home fabshyricated on or after June 15 1976 in an offsite manufacshyturing facility for installation or assembly at the building site with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act
(3) Owner means any person firm corporation or association controlling any motor vehicle or mobile home by right of purchase gift lease or otherwise
(4) Trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle
(5) Semitrailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle
(6) Net weight means the actual scale weight in pounds with complete catalog equipment
(7) Gross weight means the net weight of a motor vehicle in pounds plus the weight of the load carried by it
(8) Cwt means the weight per hundred pounds or major fraction thereof of a motor vehicle
(9) Truck means any motor vehicle with a net vehishycle weight of 5000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passengers
(10) Heavy truck means any motor vehicle with a net vehicle weight of more than 5000 pounds which is regshyistered on the basis of gross vehicle weight in accordshyance with s 32008(4) and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box a platform a rack or other equipment for the purpose of carrying goods other than the personal effects of the passenshygers
(11) Truck tractor means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semishytrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently
(12) Gross vehicle weight means (a) For heavy trucks with a net weight of more than
5000 pounds but less than 8000 pounds the gross weight of the heavy truck The gross vehicle weight is calculated by adding to the net weight of the heavy truck the weight of the load carried by it which is the maximum gross weight as declared by the owner or pershyson applying for registration
(b) For heavy trucks with a net weight of 8000 pounds or more the gross weight of the heavy truck including the gross weight of any trailer coupled thereto The gross vehicle weight is calculated by adding to the gross weight of the heavy truck the gross weight of the trailer which is the maximum gross weight as declared by the owner or person applying for registration
(c) The gross weight of a truck tractor and semishytrailer combination is calculated by adding to the net weight of the truck tractor the gross weight of the semishytrailer which is the maximum gross weight as declared by the owner or person applying for registration such vehicles are together by means of a fifth-wheel arrangeshyment whereby part of the weight of the semitrailer and load rests upon the truck tractor
(13) Passenger or any abbreviation thereof does not include a driver
(14) Private use means the use of any vehicle which is not properly classified as a for-hire vehicle
(15)(a) For-hire vehicle means any motor vehicle when used for transporting persons or goods for comshypensation let or rented to another for consideration offered for rent or hire as a means of transportation for compensation advertised in a newspaper or generally held out as being for rent or hire used in connection with a travel bureau or ottered or used to provide transportashytion for persons solicited through personal contact or advertised on a share-expense basis When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state or when goods are transported in a motor vehicle not owned by the person owning the goods such transporshytation is for hire The carriage of goods and other pershysonal property in a motor vehicle by a corporation or association for its stockholders shareholders and memshybers cooperative or otherwise is transportation for hire
963
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
(b) The following are not included in the term forshyhire vehicle a motor vehicle used for transporting school children to and from school under contract with school officials a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers a motor vehicle temporarily used by a farmer for the transportashytion of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipshyment by a transportation company or a motor vehicle not exceeding 112 tons under contract with the Governshyment of the United States to carry United States mail provided such vehicle is not used for commercial purshyposes
(16) Road means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic
17) Brake horsepower means the actual unit of torque developed per unit of time at the output shaft of an engine as measured by a dynamometer
(18) Department means the Department of Highway Safety and Motor Vehicles
(19) Registration period means a period of 12 months during which a motor vehicle or mobile home registration is valid
(20) Marine boat trailer dealer means any person engaged in
(a) The business of buying selling manufacturing or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels as defined ins 32702 or
(b) The offering or displaying of such trailers for sale (21) Renewal period means the period during which
renewal of a motor vehicle registration or mobile home registration is required as provided in s 320055
(22) Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes
(23) Apportioned motor vehicle means any motor vehicle which is required to be registered or with respect to which an election has been made to register it under the International Registration Plan
(24) International Registration Plan means a regisshytration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles opershyated in various jurisdictions
(25) Apportionable vehicle means any vehicle except recreational vehicles vehicles displaying restricted plates city pickup and delivery vehicles buses used in transportation of chartered parties and government-owned vehicles which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed used or maintained primarily for the transportation of property and
(a) Is a power unit having a gross vehicle weight in excess of 26001 pounds
(b) Is a power unit having three or more axles regardless of weight or
(c) Is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
Vehicles or combinations thereof having a gross vehishycle weight of 26001 pounds or less and two-axle vehishycles may be proportionally registered
(26) Commercial motor vehicle means any vehicle which is not owned or operated by a governmental entity which uses special fuel or motor fuel on the public highways and which has a gross vehicle weight of 26001 pounds or more or has three or more axles regardless of weight or is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
(27) Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor or a moped
(28) Moped means any vehicle with pedals to permit propulsion by human power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that funcshytions directly or automatically without clutching or shiftmiddot ing gears by the operator after the drive system is engaged If an internal combustion engine is used the displacement may not exceed 50 cubic centimeters
(29) Interstate means vehicle movement between or through two or more states
(30) Intrastate means vehicle movement from one point within a state to another point within the same state
(31) Person means and includes natural persons corporations copartnerships firms companies agwimiddot cies or associations singular or plural middot
(32) Registrant means a person in whose name or names a vehicle is properly registered
(33) Motor carrier means any person owning conshytrolling operating or managing any motor vehicle used to transport persons or property over any public highshyway
(34) Motorized disability access vehicle means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatshyically without clutching or shifting gears by the operator after the drive system is engaged If an internal combusshytion engine is used the displacement may not exceed 50 cubic centimeters
(35) Resident means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months who has registered to vote in this state who has made a statement of domicile pursuant to s 22217 or who has filed for homestead tax exemption on property in this state
964
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32005
(36) Nonresident means a person who is not a resishydent
(37) Electric vehicle means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries fuel cells or other sources of electrical current
Hiatory~ss 1 6 ch 72751917 s1 ch 7737 1918 RGS 1006 1011 ss 2 5 ch 8410 1921 s 2 ch 9156 1923 s 1 ch 9157 1923 ss_ 1 3 ch 10182 1925 CGL 1280 1285 1677 s 3 ch 15625 1931 s 3 ch 16085 1933 s 1 ch 20743 1941 s 1 ch 20911 1941 s 1 ch 26923 1951 s 1 ch 59-351 s 1 ch 65-61 s_ 1 ch 65-446 ss 23 24 35 ch 69-106 s 1 ch_ 70-215 s 1 ch 70-391 s 93 ch 71-377 s 1 ch 72--339 s 1 ch 73-284 s_ 2 ch 74-243 s 3 ch 75-66 s 2 ch 76-135 s 4 ch 76-286 s 1 ch 77-180 s 1 ch 77-357 s 1 ch 78-221 s 125 ch 79-400 s_ 12 ch 81-151 s_ 22 ch 82-134 s 3 ch 83-188 s 23 ch 83-215 s 1 ch 83-318 s 1 ch 84-182 s 7 ch 84-260 s 5 ch 85-155 s 43 ch 85-180 s 10 ch 85-309 s 4 ch 85-343 s 11 ch 86-243 s 11 ch 87--161 s 20 ch 87-198 s 5 ch 87-225 s 1 ch88-147 s 66 ch 89-282 s 2 ch 89-320 s 1 ch 90-163 s 4 ch 90-270 s 5 ch 92-148 s 39 ch 94-306 s_ 910 ch 95-148 s 10 ch 95-247 s 10 ch 95-333 s 29 ch 96-413
320025 Registration certificate and license plate issued under fictitious name application-
(1) A confidential registration certificate and regisshytration license plate shall be issued under a fictitious name only for a motor vehicle owned or operated by a law enforcement agency of state county municipal or federal government the Attorney Generals Medicaid Fraud Control Unit or any state public defenders office The requesting agency shall file a written application with the department on forms furnished by the departshyment which includes a statement that the license plate will be used for the Attorney Generals Medicaid Fraud Control Unit or law enforcement or any state public defenders office activities requiring concealment of publicly leased or owned motor vehicles and a stateshyment of the position classifications of the individuals who are authorized to use the license plate The departshyment may modify its records to reflect the fictitious idenshytity of the owner or lessee until such time as the license plate and registration certificate are surrendered to it
(2) Except as provided in subsection (1) any motor vehicle owned or exclusively operated by the state or any county municipality or other governmental entity must at all times display a license plate of the type preshyscribed in s 3200655
(3) This section constitutes an exception to other statutes relating to falsification of public records false swearing and similar matters All records relating to the registration application of the Attorney Generals Medishycaid Fraud Control Unit a law enforcement agency or any state public defenders office and records necesshysary to carry out the intended purpose of this section are exempt from the provisions of s 11907(1 ) and s 24(a) Art I of the State Constitution as long as the inforshymation is retained by the department This section does not prohibit other personations fabrications or creshyations of false identifications by the Attorney Generals Medicaid Fraud Control Unit or law enforcement or pubshylic defenders officers in the official performance of covert operations
Hiatory-s 1 ch 73-37 ss 2 3 ch 80-306 s 5 ch 83-318 ch 85-110 s 1ch 89-48 s 2 ch 91-114 s 1 ch 94-308 s 2 ch 96-331 s ch 96-406
320031 Mailing of registration certificates license plates and validation stickers-
( 1) The department and the tax collectors of the sevshyeral counties of the state may at the request of the applishycant use United States mail service to deliver registra-
tion certificates and renewals thereof license plates mobile home stickers and validation stickers to applishycants
(2) A mail service charge may be collected for each registration certificate license plate mobile home sticker and validation sticker mailed by the department or any tax collector Each registration certificate license plate mobile home sticker and validation sticker shall be mailed by first-class mail unless otherwise requested by the applicant The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge is in addition to the service charge provided by s 32004
1(3) The department is authorized to reproduce such documents records and reports as required to meet the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History--ss 1 2 ch 29956 1955 s 1 ch 59-190 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 75-66 s 2 ch 78-207 s 7 ch 83-318 s 30 ch 96-413
Note-As amended bys 30 ch 96-413 Prior to the amendment bys 30 ch 96-413 s 320031 contained only two subsections Section 30 ch 96-413 added subsection (3) coded to indicate the amendment was to a currently existing subsecmiddot lion The existing language contained in the amendment was actually found at s 32005(3)
32005 Records of the department inspection proshycedure lists and searches fees-
(1) Upon receipt of an application for the registration of a motor vehicle or mobile home as herein provided for the department shall register the motor vehicle or mobile home under the distinctive number assigned to such motor vehicle or mobile home by the department which registration record shall be open to the inspection of the public during business hours Information on a motor vehicle registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification The agency that furnishes a motor vehicle registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer Nothing in this section shall prohibit any finanshycial institution insurance company motor vehicle dealer licensee under chapter 493 attorney or other agency which the department determines has the right
965
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
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s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32001
(b) The following are not included in the term forshyhire vehicle a motor vehicle used for transporting school children to and from school under contract with school officials a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers a motor vehicle temporarily used by a farmer for the transportashytion of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipshyment by a transportation company or a motor vehicle not exceeding 112 tons under contract with the Governshyment of the United States to carry United States mail provided such vehicle is not used for commercial purshyposes
(16) Road means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic
17) Brake horsepower means the actual unit of torque developed per unit of time at the output shaft of an engine as measured by a dynamometer
(18) Department means the Department of Highway Safety and Motor Vehicles
(19) Registration period means a period of 12 months during which a motor vehicle or mobile home registration is valid
(20) Marine boat trailer dealer means any person engaged in
(a) The business of buying selling manufacturing or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels as defined ins 32702 or
(b) The offering or displaying of such trailers for sale (21) Renewal period means the period during which
renewal of a motor vehicle registration or mobile home registration is required as provided in s 320055
(22) Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes
(23) Apportioned motor vehicle means any motor vehicle which is required to be registered or with respect to which an election has been made to register it under the International Registration Plan
(24) International Registration Plan means a regisshytration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles opershyated in various jurisdictions
(25) Apportionable vehicle means any vehicle except recreational vehicles vehicles displaying restricted plates city pickup and delivery vehicles buses used in transportation of chartered parties and government-owned vehicles which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed used or maintained primarily for the transportation of property and
(a) Is a power unit having a gross vehicle weight in excess of 26001 pounds
(b) Is a power unit having three or more axles regardless of weight or
(c) Is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
Vehicles or combinations thereof having a gross vehishycle weight of 26001 pounds or less and two-axle vehishycles may be proportionally registered
(26) Commercial motor vehicle means any vehicle which is not owned or operated by a governmental entity which uses special fuel or motor fuel on the public highways and which has a gross vehicle weight of 26001 pounds or more or has three or more axles regardless of weight or is used in combination when the weight of such combination exceeds 26001 pounds gross vehicle weight
(27) Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor or a moped
(28) Moped means any vehicle with pedals to permit propulsion by human power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that funcshytions directly or automatically without clutching or shiftmiddot ing gears by the operator after the drive system is engaged If an internal combustion engine is used the displacement may not exceed 50 cubic centimeters
(29) Interstate means vehicle movement between or through two or more states
(30) Intrastate means vehicle movement from one point within a state to another point within the same state
(31) Person means and includes natural persons corporations copartnerships firms companies agwimiddot cies or associations singular or plural middot
(32) Registrant means a person in whose name or names a vehicle is properly registered
(33) Motor carrier means any person owning conshytrolling operating or managing any motor vehicle used to transport persons or property over any public highshyway
(34) Motorized disability access vehicle means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline travel on not more than three wheels with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatshyically without clutching or shifting gears by the operator after the drive system is engaged If an internal combusshytion engine is used the displacement may not exceed 50 cubic centimeters
(35) Resident means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months who has registered to vote in this state who has made a statement of domicile pursuant to s 22217 or who has filed for homestead tax exemption on property in this state
964
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32005
(36) Nonresident means a person who is not a resishydent
(37) Electric vehicle means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries fuel cells or other sources of electrical current
Hiatory~ss 1 6 ch 72751917 s1 ch 7737 1918 RGS 1006 1011 ss 2 5 ch 8410 1921 s 2 ch 9156 1923 s 1 ch 9157 1923 ss_ 1 3 ch 10182 1925 CGL 1280 1285 1677 s 3 ch 15625 1931 s 3 ch 16085 1933 s 1 ch 20743 1941 s 1 ch 20911 1941 s 1 ch 26923 1951 s 1 ch 59-351 s 1 ch 65-61 s_ 1 ch 65-446 ss 23 24 35 ch 69-106 s 1 ch_ 70-215 s 1 ch 70-391 s 93 ch 71-377 s 1 ch 72--339 s 1 ch 73-284 s_ 2 ch 74-243 s 3 ch 75-66 s 2 ch 76-135 s 4 ch 76-286 s 1 ch 77-180 s 1 ch 77-357 s 1 ch 78-221 s 125 ch 79-400 s_ 12 ch 81-151 s_ 22 ch 82-134 s 3 ch 83-188 s 23 ch 83-215 s 1 ch 83-318 s 1 ch 84-182 s 7 ch 84-260 s 5 ch 85-155 s 43 ch 85-180 s 10 ch 85-309 s 4 ch 85-343 s 11 ch 86-243 s 11 ch 87--161 s 20 ch 87-198 s 5 ch 87-225 s 1 ch88-147 s 66 ch 89-282 s 2 ch 89-320 s 1 ch 90-163 s 4 ch 90-270 s 5 ch 92-148 s 39 ch 94-306 s_ 910 ch 95-148 s 10 ch 95-247 s 10 ch 95-333 s 29 ch 96-413
320025 Registration certificate and license plate issued under fictitious name application-
(1) A confidential registration certificate and regisshytration license plate shall be issued under a fictitious name only for a motor vehicle owned or operated by a law enforcement agency of state county municipal or federal government the Attorney Generals Medicaid Fraud Control Unit or any state public defenders office The requesting agency shall file a written application with the department on forms furnished by the departshyment which includes a statement that the license plate will be used for the Attorney Generals Medicaid Fraud Control Unit or law enforcement or any state public defenders office activities requiring concealment of publicly leased or owned motor vehicles and a stateshyment of the position classifications of the individuals who are authorized to use the license plate The departshyment may modify its records to reflect the fictitious idenshytity of the owner or lessee until such time as the license plate and registration certificate are surrendered to it
(2) Except as provided in subsection (1) any motor vehicle owned or exclusively operated by the state or any county municipality or other governmental entity must at all times display a license plate of the type preshyscribed in s 3200655
(3) This section constitutes an exception to other statutes relating to falsification of public records false swearing and similar matters All records relating to the registration application of the Attorney Generals Medishycaid Fraud Control Unit a law enforcement agency or any state public defenders office and records necesshysary to carry out the intended purpose of this section are exempt from the provisions of s 11907(1 ) and s 24(a) Art I of the State Constitution as long as the inforshymation is retained by the department This section does not prohibit other personations fabrications or creshyations of false identifications by the Attorney Generals Medicaid Fraud Control Unit or law enforcement or pubshylic defenders officers in the official performance of covert operations
Hiatory-s 1 ch 73-37 ss 2 3 ch 80-306 s 5 ch 83-318 ch 85-110 s 1ch 89-48 s 2 ch 91-114 s 1 ch 94-308 s 2 ch 96-331 s ch 96-406
320031 Mailing of registration certificates license plates and validation stickers-
( 1) The department and the tax collectors of the sevshyeral counties of the state may at the request of the applishycant use United States mail service to deliver registra-
tion certificates and renewals thereof license plates mobile home stickers and validation stickers to applishycants
(2) A mail service charge may be collected for each registration certificate license plate mobile home sticker and validation sticker mailed by the department or any tax collector Each registration certificate license plate mobile home sticker and validation sticker shall be mailed by first-class mail unless otherwise requested by the applicant The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge is in addition to the service charge provided by s 32004
1(3) The department is authorized to reproduce such documents records and reports as required to meet the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History--ss 1 2 ch 29956 1955 s 1 ch 59-190 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 75-66 s 2 ch 78-207 s 7 ch 83-318 s 30 ch 96-413
Note-As amended bys 30 ch 96-413 Prior to the amendment bys 30 ch 96-413 s 320031 contained only two subsections Section 30 ch 96-413 added subsection (3) coded to indicate the amendment was to a currently existing subsecmiddot lion The existing language contained in the amendment was actually found at s 32005(3)
32005 Records of the department inspection proshycedure lists and searches fees-
(1) Upon receipt of an application for the registration of a motor vehicle or mobile home as herein provided for the department shall register the motor vehicle or mobile home under the distinctive number assigned to such motor vehicle or mobile home by the department which registration record shall be open to the inspection of the public during business hours Information on a motor vehicle registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification The agency that furnishes a motor vehicle registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer Nothing in this section shall prohibit any finanshycial institution insurance company motor vehicle dealer licensee under chapter 493 attorney or other agency which the department determines has the right
965
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
972
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32001 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32005
(36) Nonresident means a person who is not a resishydent
(37) Electric vehicle means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries fuel cells or other sources of electrical current
Hiatory~ss 1 6 ch 72751917 s1 ch 7737 1918 RGS 1006 1011 ss 2 5 ch 8410 1921 s 2 ch 9156 1923 s 1 ch 9157 1923 ss_ 1 3 ch 10182 1925 CGL 1280 1285 1677 s 3 ch 15625 1931 s 3 ch 16085 1933 s 1 ch 20743 1941 s 1 ch 20911 1941 s 1 ch 26923 1951 s 1 ch 59-351 s 1 ch 65-61 s_ 1 ch 65-446 ss 23 24 35 ch 69-106 s 1 ch_ 70-215 s 1 ch 70-391 s 93 ch 71-377 s 1 ch 72--339 s 1 ch 73-284 s_ 2 ch 74-243 s 3 ch 75-66 s 2 ch 76-135 s 4 ch 76-286 s 1 ch 77-180 s 1 ch 77-357 s 1 ch 78-221 s 125 ch 79-400 s_ 12 ch 81-151 s_ 22 ch 82-134 s 3 ch 83-188 s 23 ch 83-215 s 1 ch 83-318 s 1 ch 84-182 s 7 ch 84-260 s 5 ch 85-155 s 43 ch 85-180 s 10 ch 85-309 s 4 ch 85-343 s 11 ch 86-243 s 11 ch 87--161 s 20 ch 87-198 s 5 ch 87-225 s 1 ch88-147 s 66 ch 89-282 s 2 ch 89-320 s 1 ch 90-163 s 4 ch 90-270 s 5 ch 92-148 s 39 ch 94-306 s_ 910 ch 95-148 s 10 ch 95-247 s 10 ch 95-333 s 29 ch 96-413
320025 Registration certificate and license plate issued under fictitious name application-
(1) A confidential registration certificate and regisshytration license plate shall be issued under a fictitious name only for a motor vehicle owned or operated by a law enforcement agency of state county municipal or federal government the Attorney Generals Medicaid Fraud Control Unit or any state public defenders office The requesting agency shall file a written application with the department on forms furnished by the departshyment which includes a statement that the license plate will be used for the Attorney Generals Medicaid Fraud Control Unit or law enforcement or any state public defenders office activities requiring concealment of publicly leased or owned motor vehicles and a stateshyment of the position classifications of the individuals who are authorized to use the license plate The departshyment may modify its records to reflect the fictitious idenshytity of the owner or lessee until such time as the license plate and registration certificate are surrendered to it
(2) Except as provided in subsection (1) any motor vehicle owned or exclusively operated by the state or any county municipality or other governmental entity must at all times display a license plate of the type preshyscribed in s 3200655
(3) This section constitutes an exception to other statutes relating to falsification of public records false swearing and similar matters All records relating to the registration application of the Attorney Generals Medishycaid Fraud Control Unit a law enforcement agency or any state public defenders office and records necesshysary to carry out the intended purpose of this section are exempt from the provisions of s 11907(1 ) and s 24(a) Art I of the State Constitution as long as the inforshymation is retained by the department This section does not prohibit other personations fabrications or creshyations of false identifications by the Attorney Generals Medicaid Fraud Control Unit or law enforcement or pubshylic defenders officers in the official performance of covert operations
Hiatory-s 1 ch 73-37 ss 2 3 ch 80-306 s 5 ch 83-318 ch 85-110 s 1ch 89-48 s 2 ch 91-114 s 1 ch 94-308 s 2 ch 96-331 s ch 96-406
320031 Mailing of registration certificates license plates and validation stickers-
( 1) The department and the tax collectors of the sevshyeral counties of the state may at the request of the applishycant use United States mail service to deliver registra-
tion certificates and renewals thereof license plates mobile home stickers and validation stickers to applishycants
(2) A mail service charge may be collected for each registration certificate license plate mobile home sticker and validation sticker mailed by the department or any tax collector Each registration certificate license plate mobile home sticker and validation sticker shall be mailed by first-class mail unless otherwise requested by the applicant The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge is in addition to the service charge provided by s 32004
1(3) The department is authorized to reproduce such documents records and reports as required to meet the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History--ss 1 2 ch 29956 1955 s 1 ch 59-190 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 75-66 s 2 ch 78-207 s 7 ch 83-318 s 30 ch 96-413
Note-As amended bys 30 ch 96-413 Prior to the amendment bys 30 ch 96-413 s 320031 contained only two subsections Section 30 ch 96-413 added subsection (3) coded to indicate the amendment was to a currently existing subsecmiddot lion The existing language contained in the amendment was actually found at s 32005(3)
32005 Records of the department inspection proshycedure lists and searches fees-
(1) Upon receipt of an application for the registration of a motor vehicle or mobile home as herein provided for the department shall register the motor vehicle or mobile home under the distinctive number assigned to such motor vehicle or mobile home by the department which registration record shall be open to the inspection of the public during business hours Information on a motor vehicle registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification The agency that furnishes a motor vehicle registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer Nothing in this section shall prohibit any finanshycial institution insurance company motor vehicle dealer licensee under chapter 493 attorney or other agency which the department determines has the right
965
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32005 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320055
to know from obtaining for professional or business use only information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (2) have been paid
(2)(a) The department is authorized upon applicashytion of any person and payment of the proper fees to prepare and furnish lists containing motor vehicle or vesshysel information in such form as the department may authorize to search the records of the department and make reports thereof and to make photographic copies of the department records and attestations thereof
(b) Fees therefor shall be charged and collected as follows
1 For providing lists of motor vehicle or vessel rec-ords for the entire state or any part or parts thereof divided according to counties a sum computed at a rate of not less than 1 cent nor more than 5 cents per item
2 For providing noncertified photographic copies of motor vehicle or vessel documents $1 per page
3 For providing noncertified photographic copies of micrographic records $1 per page
4 For providing certified copies of motor vehicle or vessel records $3 per record
5 For providing noncertified computer-generated printouts of motor vehicle or vessel records 50 cents per record
6 For providing certified computer-generated printouts of motor vehicle or vessel records $3 per recshyord
7 For providing electronic access to motor vehicle vessel and mobile home registration data requested by tag vehicle identification number title number or decal number 50 cents per item
8 For providing electronic access to drivers license status report by name sex and date of birth or by driver license number 50 cents per item
9 For providing lists of licensed mobile home dealshyers and manufacturers and recreational vehicle dealers and manufacturers $15 per list
10 For providing lists of licensed motor vehicle dealshyers $25 per list
11 For each copy of a videotape record $15 per tape
12 For each copy of the Division of Motor Vehicles Procedures Manual $25
(c) Fees collected pursuant to paragraph (b) shall be deposited into the Highway Safety Operating Trust Fund
(d) The department shall furnish such information without charge to any court or governmental entity
(e) When motor vehicle vessel or mobile home regshyistration data is provided by electronic access through a tax collectors office a fee for the electronic access is not required to be assessed However at the tax collecshytors discretion a fee equal to or less than the fee charged by the department for such information may be assessed by the tax collector for the electronic access Notwithstanding paragraph (c) any funds collected by the tax collector as a result of providing such access shall be retained by the tax collector
(3) The department is authorized to reproduce such documents records and reports as required to meet
the requirements of the law and the needs of the public either by photographing microphotographing or reproshyducing on film the document record or report or by using an electronic digitizing process capable of reproshyducing a true and correct image of the original source document The photographs microphotographs or electronic digitized copy of any records made in complishyance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissishybility into evidence Duly certified or authenticated reproductions of such photographs microphotographs or electronically digitized records shall be admitted into evidence equally with the original photographs microshyphotographs or electronically digitized records
History-s 3 ch 7275 1917 RGS 1008 CGL 1282 s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 69-178 s 5 ch 77-357 s 1 ch 82-112 s 12 ch 83-218 s 9 ch 83-318 s 2 ch 89-48 s 46ch94-306 s 15 ch 95-333 s 17 ch 96-413 s 153 ch 96-406
320055 Registration periods renewal periodsshyThe following registration periods and renewal periods are established
(1) For a motor vehicle subject to registration under s 32008(1) (2) (3)(a) (b) (c) (d) or (e) (5)(b) (c) (d) or (e) (6)(a) (7) (8) (9) or (10) and owned by a natural person the registration period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owners birth month in the succeeding year If such vehicle is registered in the name of more than one person the birth month of the person whose name first appears on the registration shall be used to determine the registration period For a vehicle subject to this registration period the renewal period is the 30-day period ending at midnight on the vehicle owners date of birth
(2) For a vehicle subject to registration under s 32008(11 ) the registration period begins January 1 and ends December 31 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning January 1
(3) For a vehicle subject to registration under s 32008(12) the registration period runs concurrently with the licensing period For a vehicle subject to this registration period the renewal period is the first month of the licensing period
(4) For a vehicle subject to registration under s 32008(13) for vehicles subject to registration under s 32008(6)(a) that are short-term rental vehicles as defined in s 325202(15) and for any vehicle for which a registration period is not otherwise specified the regshyistration period begins June 1 and ends May 31 For a vehicle subject to this registration period the renewal period is the 30-day period beginning June 1
(5) For a vehicle subject to registration under s 32008(4) (5)(a)1 or (6)(b) the registration period shall be a period of 12 months beginning in a month desigshynated by the department and ending on the last day of the 12th month For a vehicle subject to this registration period the renewal period is the last month of the regisshytration period The registration period may be shortened or extended at the discretion of the department on receipt of the appropriate prorated fees in order to evenly distribute such registrations on a monthly basis
966
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
972
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32006
(6) For those vehicles subject to registration under s 32008(6)(a) which are not short-term rental vehicles the department shall develop and implement a registrashytion renewal system that where practicable evenly disshytributes the registration renewal period throughout the year For a vehicle subject to this registration period the renewal period is the first month of the assigned regisshytration period
(7) For a vehicle subject to registration under s 320065 the registration period begins December 1 and ends November 30 For a vehicle subject to this registrashytion period the renewal period is the 31-day period beginning December 1
History-s 10 ch 83-318 s 4 ch 84-155 s 9 ch 84-260 s 13 ch 86-243 s 22 ch 87-198 s 1 ch 94-330 s 31 ch 96-413
32006 Registration certificates license plates and validation stickers generally-
( 1 )(a) Upon the receipt of an initial application for registration and payment of the appropriate license tax and other fees required by law the department shall assign to the motor vehicle a registration license number consisting of letters and numerals or numerals and issue to the owner a certificate of registration and one regisshytration license plate for each vehicle so registered
(b) Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 5-year period At the end of said 5-year period upon renewal the plate shall be replaced and the department shall determine the replacement date for plates issued prior to October 1 1985 The fee for such replacement shall be $10 $2 of which shall be paid each year before the plate is replaced to be credshyited towards the next $10 replacement fee The fees shall be deposited into the Highway Safety Operating Trust Fund A credit or refund shall not be given for any prior years payments of such prorated replacement fee when the plate is replaced or surrendered before the end of the 5-year period With each license plate there shall be issued a validation sticker showing the owners birth month or the appropriate renewal period if the owner is not a natural person This validation sticker shall be placed on the upper left corner of the license plate and shall be issued one time during the life of the license plate or upon request when it has been damshyaged or destroyed There shall also be issued with each license plate a serially numbered validation sticker showing the year of expiration which sticker shall be placed on the upper right corner of the license plate Such license plate and validation stickers shall be issued based on the applicants appropriate renewal period The registration period shall be a period of 12 months and all expirations shall occur based on the applicants appropriate registration period A vehicle with an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate
(c) Registration license plates equipped with validashytion stickers shall be valid for not more than 12 months and shall expire at midnight on the last day of the regisshytration period For each registration period after the one in which the metal registration license plate is issued
and until the license plate is required to be replaced a validation sticker showing the year of expiration shall be issued upon payment of the proper license tax amount and fees and shall be valid for not more than 12 months When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle the effective date shall reflect the birth month or month and the year of renewal However when a license plate or validation sticker is issued for a period of less than 12 months the applicant shall pay the appropriate amount of license tax and the applicable fee under the provisions of s 320 14 in addition to all other fees Validation stickers issued for vehicles taxed under the provisions of s 32008(6)(a) for any company which owns 1000 vehicles or more or for semitrailers taxed under the provisions of s 32008(5)(a) for any company which owns 50 vehicles or more may be placed on any vehicle in the fleet so long as the vehicle receiving the validation sticker has the same owners name and address as the vehicle to which the validation sticker was originally assigned
(2) The department shall provide the several tax colshylectors and license plate agents with the necessary number of validation stickers
(3)(a) Registration license plates shall be of metal specially treated with a retroreflective material as specishyfied by the department The registration license plate is designed to increase nighttime visibility and legibility and shall be at least 6 inches wide and not less than 12 inches in length unless a plate with reduced dimensions is deemed necessary by the department to accommoshydate motorcycles mopeds or similar smaller vehicles Validation stickers shall be treated with a retroreflective material shall be of such size as specified by the departshyment and shall adhere to the license plate The registrashytion license plate shall be imprinted with a combination of bold letters and numerals or numerals not to exceed seven digits to identify the registration license plate number The license plate shall also be imprinted with the word Florida at the top and the name of the county in which it is sold at the bottom except that apportioned license plates shall have the word Apportioned at the bottom and license plates issued for vehicles taxed under s 32008(3)(d) (4)(m) or (n) (5)(b) (c) or (d) (12) or (14) shall have the word Restricted at the bottom License plates issued for vehicles taxed under s 32008(12) must be imprinted with the word Florida at the top and the word Dealer at the bottom except that gross-vehicle-weight vehicles owned by a licensed motor vehicle dealer may be issued a license plate with the word Restricted Any county may upon majority vote of the county commission elect to have the county name removed from the license plates sold in that county The words Sunshine State shall be printed in lieu thereof In those counties where the county commisshysion has not removed the county name from the license plate the tax collector may in addition to issuing license plates with the county name printed on the license plate also issue license plates with the words Sunshine State printed on the license plate subject to the approval of the department and a legislative appropriation for the additional license plates A license plate issued for a
967
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
972
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32006 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200657
vehicle taxed under s 32008(6) may not be assigned a registration license number or be issued with any other distinctive character or designation that distinguishes the motor vehicle as a for-hire motor vehicle
(b) An additional fee of 50 cents shall be collected on each motor vehicle registration or motor vehicle renewal registration issued in this state in order that all license plates and validation stickers be fully treated with retroreflective material
(4)(a) In order to enable the Department of Correcshytions to manufacture the license plates authorized herein the department is authorized to prepay to the Department of Corrections the amount required to purshychase the materials needed for the manufacture of reflectorized license plates The amount prepaid may not exceed the amount of the appropriation made to the Department of Highway Safety and Motor Vehicles but shall be sufficient to enable the Department of Correcshytions to meet the requirements of this chapter
(b) For the purposes of authorizing the corporation organized pursuant to chapter 946 to manufacture license plates and validation stickers for the Department of Highway Safety and Motor Vehicles as provided in this chapter the reference to the Department of Correcshytions in paragraph (a) means the Department of Correcshytions or the corporation organized pursuant to chapter 946 and the Department of Highway Safety and Motor Vehicles is not required to obtain competitive bids in order to contract with such corporation
History--ss 4 13 ch 7275 1917 RGS 1009 1018 SS 4 10 ch 8410 1921 S
5 ch 10182 1925 CGL 1283 1292 s 1 ch 13701 1929 s 1 ch 20408 1941 s 1 ch 26481 1951 ss 1 2 ch 63-490 s 6 ch 65-190 ss 24 35 ch 69-106 s 2 ch 69-178 ss 2 9 ch 72-79 s 92 ch 73-333 s 2 ch 74-338 s 7 ch 75-66 s4 ch 77-120 s 1 ch 77-174 s 6 ch 77-357 s 1 ch 77-395 s 1 ch 77-415 s 1 ch 78-48 s 2 ch 78-186 s 4 ch 78-207 s 2 ch 78-225 s 9 ch 79-3 s 65 ch 79-164 s 13 ch 81-151 s 4 ch 81-212 s 25 ch 83-216 s 11 ch 83-318 s 10 ch 84-260 s 7 ch 84-280 s 1 ch 85-176 s 47 ch 85-180 s 23 ch 87-198 s 22 ch 88-557 s 2 ch 89-364 s 50 ch 9(H32 s 1 ch 90-194 s 1 ch 91-82 s 63 ch 93-120 s 1 ch 93-398 s 1 ch 94-163 s 47 ch 94-306 s 32 ch 96-413
3200605 Certificate of registration possession required exception-The registration certificate or an official copy thereof a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period or a cab card issued for a vehicle registered under the International Registration Plan shall at all times while the vehicle is being used or operated on the roads of this state be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforceshyment officer or any agent of the department The provishysions of this section do not apply during the first 30 days after purchase of a replacement vehicle
History-s 12 ch 83-318 s 5 ch 86-185 s 14 ch 86-243 s 48 ch 94-306 s 913 ch 95-148 s 50 ch 96-350
320061 Unlawful to alter motor vehicle registration certificates license plates mobile home stickers or validation stickers penalty-No person shall alter the original appearance of any registration license plate mobile home sticker validation sticker or vehicle regisshytration certificate issued for and assigned to any motor vehicle or mobile home whether by mutilation altershyation defacement or change of color or in any other manner Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
History-s 9 ch 28186 1953 s 3 ch 69-178 s 192 ch 71-136 s 3 ch 72-79 s 7 ch 77-357 s 15 ch 83-318 s 33 ch 96-413
320065 Registration of certain rental trailers for hire and semitrailers used to haul agricultural prodshyucts-
(1) Notwithstanding any of the provisions of this chapter special indefinite registration license plates and special indefinite vehicle registration certificates shall be issued to the owner of 100 or more trailers for hire or semitrailers or to the owner of 25 or more semishytrailers used for the exclusive purpose of hauling agriculshytural products who submits an application meeting the following requirements
(a) The application shall certify the average number of trailers or semitrailers operated within or through the state for the 12 months immediately preceding the year for which the application is made If the number of trailshyers or semitrailers taxed in any subsequent year decreases the applicant shall surrender to the departshyment a number of license plates equal to such decrease If the number of trailers or semitrailers taxed in any subshysequent year increases the applicant shall in addition to the registration tax and fees levied pay an amount to the department equal to the cost of manufacture of such additional special license plates
(b) As used in this subsection agricultural products means any food product any agricultural horshyticultural or livestock product any raw material used in plant food formulation or any plant food used to proshyduce food and fiber
(2) Payment of registration license tax and fees shall be made annually and be evidenced only by the issushyance of a single receipt by the department No annual validation sticker is required
(3) In addition to the license tax prescribed by s 32008(5)(a) and (8)(b) an annual fee of $425 shall be charged for each semitrailer registered hereunder Of this $425 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at his or her office or by the department if the registration occurs at its central office
(4) The special license plates issued hereunder shall conform in all respects to the provisions of this chapter except that no county name shall be imprinted
History-s 1 ch 76-152 s 1 ch 77-174 s 8 ch 77-357 s 2 ch 82-129 s 16 ch 83-318 s 3 ch 85-324 s 15 ch 86-243 s 349 ch 95-148 s 34 ch 96-413
(1 )(a) The owner or lessee of 250 or more nonapportioned commercial motor vehicles licensed under s 32008(2) (3) (4) (5)(a)1 and (b) and (7) who has posted a bond as prescribed by department rules may apply via magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department for permanent license plates All vehicles with a fleet license plate shall have the companys name or logo and unit number disshyplayed so that they are readily identifiable The provishysions of s 3200605 shall not apply to vehicles regisshytered in accordance with this section and no annual valishydation sticker is required
968
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
972
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3200657 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32007
(b) The plates which shall be of a distinctive color shall have the word Fleet appearing at the bottom and the word Florida appearing at the top The plates shall conform in all respects to the provisions of this chapter except as specified herein
(c) In addition to the license tax prescribed by s 32008(2) (3) (4) (5)(a)1 and (b) and (7) an annual fee of $6 shall be charged for each vehicle registered hereshyunder Of this $6 fee $250 shall be retained as a service charge by the tax collector if the registration occurs at such office or by the department if the registration occurs at offices of the department Receipts from the $6 fee not retained by tax collectors shall be deposited into the Highway Safety Operating Trust Fund Payment of registration license tax and fees shall be made annushyally and be evidenced only by the issuance of a single receipt by the department Half-year registrations shall not be available for vehicles registered in accordance with the provisions of this section The provision of s 32006(1 )(b) shall not apply to the fleet renewal process
(2) All recipients of permanent license plates authorshyized by this section shall submit an annual audit as preshyscribed by rule of the department Such audit shall include a percentage of the vehicles registered by each owner or lessee not to exceed 10 percent The departshyment shall randomly select the vehicles to be audited and shall forward a listing of said vehicles only to the office of the auditor performing the audit Every attempt shall be made to provide for groupings of vehicles based in the same location however the location shall change from year to year The audit shall be prepared by a certishyfied public accountant licensed under chapter 473 at the recipients expense and shall be performed to standards prescribed by the department Such audits shall be delivered to the department on or before Februshyary 15 of each calendar year Any fees or taxes which the audit determines are due the department shall be submitted to the department along with such audit In additio~ any company found to be habitually abusing the privileges afforded by permanent licensure shall forshyfeit the bond required in subsection ( 1 ) and may be required by the department to relinquish all permanent license plates and not be eligible to continue to particishypate in the program
means of a serially numbered decal or decals with the name of the state for which apportionment is granted and the year for which the apportionment is valid The apportionment must be for 1 calendar year and must be renewed as necessary For jurisdictions that do not require additional trailer fees the fee provided in s 32008(5)(a)2 applies
History-s 36 ch 96-413
32007 Expiration of registration annual renewal required penalties-
(1) The registration of a motor vehicle or mobile home shall expire at midnight on the last day of the regshyistration period A vehicle shall not be operated on the roads of this state after expiration of the renewal period unless the registration has been renewed according to law
(2) Registration shall be renewed annually during the applicable renewal period upon payment of the applicable license tax amount required bys 32008 sershyvice charges required by s 32004 and any additional fees required by law However any person owning a motor vehicle registered under s 32008(4) (6)(b) or (13) may register semiannually as provided in s 3200705
(3) The operation of any motor vehicle without havshying attached thereto a registration license plate and valishydation stickers or the use of any mobile home without having attached thereto a mobile home sticker for the current registration period shall subject the owner thereof if he or she is present or if the owner is not present the operator thereof to the following penalty provisions
a) Any person whose motor vehicle or mobile home registration has been expired for a period of 4 months or less shall be subject to the penalty provided in s 31814
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 4 months is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(c) However no operator shall be charged with a violation of this subsection if the operator can show purshysuant to a valid lease agreement that the vehicle had been leased for a period of 30 days or less at the time of the offense
(3) The department is authorized to adopt such rules as necessary to comply with this section
Hlstory-s 50 ch 94-306 s 1 ch 94-312 s 35 ch 96-413 4)(a) In addition to a penalty provided in subsection (3) a delinquent fee based on the following schedule of
3200659 Permanent registration of trailer for hire license taxes shall be imposed on any applicant who and semitrailers- fails to renew a registration prior to the end of the month
(1) A permanent license plate may be issued for any in which renewal registration is due The delinquent fee semitrailer classified under s 32008(5)(a)2 All such shall be applied beginning on the 11th calendar day of license plates shall be of a distinctive color and shall be the month succeeding the renewal period The delinshyimprinted with the words Permanent Tri at the bottom quent fee shall not apply to those vehicles which have Such plates shall be displayed as required bys 316605 not been required to be registered during the preceding and shall be removed upon the sale of the vehicle or registration period or as provided in s 32018(2) The upon the vehicles being removed from service If the delinquent fee shall be imposed as follows plate is lost mutilated or destroyed the plate may be 1 License tax of $5 but not more than $25 $5 flat replaced as provided by s 3200607 The use of such 2 License tax over $25 but not more than $50 $10 plate on any vehicle other than the one to which it is flat issued is prohibited No refunds shall be issued for this 3 License tax over $50 but not more than $100 $15 plate flat
(2) If apportionment is required for a permanent 4 License tax over $100 but not more than $400 semitrailer the apportionment must be indicated by $50 flat
969
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
976
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32007 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320073
5 License tax over $400 but not more than $600 $100 flat
6 License tax over $600 and up $250 flat (b) A person who has been assessed a penalty purshy
suant to s 316545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed The official receipt authorized bys 316545(6) constitutes proof of payment of the penalty authorized in s 316545(2)(b)
(5) Delinquent fees imposed under this section shall not be apportionable under the International Registrashytion Plan
History-s 5 ch 7275 1917 RGS 1010 CGL 1284 s 2 ch 15625 1931 s 1 ch 16084 1933 ss 2 5 ch 16085 1933 s 1 ch 26544 1951 s 2 ch 28186 1953 s 1 ch 61-12 s 4 ch 63-528 s 2 ch 63-496 s 6 ch 65-190 ss 24 35 ch 69-106 s 5 ch 69-178 s 3 ch 73-284 s 8 ch 75-66 s 1 ch 77-174 s 9 ch 77-357 s 2 ch 77-454 s 4 ch 79-27 s 1 ch 79-79 s 1 ch 82-97 s 1 ch 82-128 s 18 ch 83-318 s 60 ch 85-180 s 5 ch 85-250 s 6 ch 86-185 s 16 ch 86-243 ss 25 48 ch 87-198 s 2 ch 88-246 s 37 ch 91-224 s 350 ch 95-148 s 51 ch 96-350
3200706 Display of license plates on trucks-The owner of any commercial truck of gross vehicle weight of 26001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s 316605 that do not conflict with this section However the owner of a truck tractor shall be required to display the registrashytion license plate only on the front of such vehicle
History-s 11 ch 84-260 s 49 ch 85-180 s 17 ch 86-243 s 26 ch 87-198 s 37 ch 96-413
320072 Additional fee imposed on certain motor vehicle registration transactions-
(1) A fee of $100 is imposed upon the initial applicashytion for registration pursuant to s 32006 of every motor vehicle classified in s 32008(2) (3) and (9)(c) and (d)
(2) The fee imposed by subsection (1) shall not apply to
(a) Any registration renewal transaction (b) A transfer or exchange of a registration license
plate from a motor vehicle that has been disposed of to a newly acquired motor vehicle pursuant to s 3200609(2) or (5)
(c) Any initial registration resulting from transfer of title between coowners as provided bys 31922 transshyfer of ownership by operation of law as provided by s 31928 or transfer of title from a person to a member of that persons immediate family as defined ins 657002 who resides in the same household
(d) The registration of any motor vehicle owned by and operated exclusively for the personal use of
1 Any member of the United States Armed Forces or his or her spouse or dependent child who is not a resshyident of this state and who is stationed in this state while in compliance with military orders
2 Any former member of the United States Armed Forces or his or her spouse or dependent child who purchased such motor vehicle while stationed outside of Florida who has separated from the Armed Forces and was not dishonorably discharged or discharged for bad conduct who was a resident of this state at the time of enlistment and at the time of discharge and who applies for registration of such motor vehicle within 6 months after discharge
3 Any member of the United States Armed Forces or his or her spouse or dependent child who was a resishydent of this state at the time of enlistment who purshychased such motor vehicle while stationed outside of Florida and who is now reassigned by military order to this state
4 Any spouse or dependent child of a member of the United States Armed Forces who loses his or her life while on active duty or who is listed by the Armed Forces as missing-in-action Such spouse or child must be a resident of this state and the service member must have been a resident of this state at the time of enlistment Registration of such motor vehicle must occur within 1 year of the notification of the service members death or of his or her status as missing-in-action
(e The registration of any motor vehicle owned or exclusively operated by the state or by any county municipality or other governmental entity
(f) The registration of a truck defined in s 32008(3)(d)
(g) Any ancient or antique automobile or truck for private use registered pursuant to s 320086(1) or (2)
(3) A refund of the fee imposed under subsection (1) shall be granted to anyone who within 3 months after paying such fee sells transfers or otherwise disposes of a motor vehicle classified in s 32008(2) (3) or (9)(c) or (d) in any transaction not exempt from the fee pursushyant to paragraph (2)(b) paragraph (2)(c or paragraph (2)(d) A person requesting a refund must present proof of having paid the fee pursuant to subsection (1 and must surrender the license plate of the disposed-of vehicle
(4) A tax collector or other duly authorized agent of the department shall promptly remit all moneys colshylected pursuant to this section less any refunds granted pursuant to subsection (3) to the department The department shall deposit 30 percent of such moneys as they are received into the General Revenue Fund The remainder of the proceeds after deducting the service charge imposed by s 21520 shall be deposited into the State Transportation Trust Fund
History-s 1 ch 89-364 s 74 ch 90-132 s 113 ch 90-136 s 8 ch 91-79 s 10 ch 91-82 s 352 ch 95-148 ss 22 38 ch 96-413
320073 Impact fee refunds-(1) The Department of Highway Safety and Motor
Vehicles is directed to establish a program for refund of the $295 impact fee upon the initial application for regisshytration of a motor vehicle imposed pursuant to 1s 320072(1)(b) as created by chapter 90-132 Laws of Florida during the period July 1 1990 through June 30 1991 and to make such refunds from the General Reveshynue Fund in a timely manner
(2) It is the responsibility of the Department of Highshyway Safety and Motor Vehicles to provide the approprishyate state agencies with a list of persons eligible for a refund of the impact fee Within 30 days after receiving the list the agencies shall notify the Comptroller of any claimant owing an outstanding debt to the state or who is delinquent in any court-ordered child support obligashytion If the claimant owes multiple debts subject to offset under this subsection and the refund is insufficient to cover all such debts the amount of the refund shall be
970
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
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s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320073 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008
applied to those debts in the following manner the amount of the refund shall first be applied to any delinshyquent court-ordered child support obligation the remainder if any shall then be applied to any outstandshying debts to the state that are the result of a felony conshyviction as provided ins 96017 during the period July 1 1990 through June 30 1996 and if the remaining porshytion of the refund is insufficient to cover all further debts subject to offset under this subsection it shall be applied on a pro rata basis by the Comptroller The pro rata allocation shall be based on the percentage of each debt owed of the total amount of all outstanding remainshying debts owed The Comptroller shall withhold the refund due to any such claimant and shall transmit such amount withheld to the respective agency
(3) All persons eligible for a refund of the $295 impact fee shall file an appropriate application for the refund with the Department of Highway Safety and Motor Vehicles within 1 year of May 28 1996 or shall otherwise forfeit such eligibility for a refund
32008 License taxes-Except as otherwise proshyvided herein there are hereby levied and imposed annual license taxes for the operation of motor vehicles mopeds motorized bicycles as defined in s 316003(2) and mobile homes as defined in s 32001 which shall be paid to and collected by the department or its agent upon the registration or renewal of registration of the folshylowing
(1) MOTORCYCLES MOPEDS MOTORIZED BICY-CLES-
(a) Any motorcycle $10 flat (b) Any moped $5 flat (c) Any motorized bicycle as defined in s
316003(2) $5 flat however annual renewal is not required
(d) Upon registration of any motorcycle motorshydriven cycle or moped there shall be paid in addition to the license taxes specified in this subsection a nonrefundable motorcycle safety education fee in the amount of $250 The proceeds of such additional fee shall be deposited in the Highway Safety Operating Trust Fund and be used exclusively to fund a motorcycle driver improvement program implemented pursuant to s 322025 or the Florida Motorcycle Safety Education Program established in s 3220255
(e) An antique motorcycle $10 flat An antique motorcycle is any motorcycle manufactured more than 20 years prior to the date of application or equipped with an engine manufactured to the specifications of the origshyinal engine
(2) AUTOMOBILES FOR PRIVATE USE-(a) An ancient antique or collectible automobile as
defined in s 320086 or street rod as defined in s 3200863 $750 flat
(b) Net weight of less than 2500 pounds $1450 flat (c) Net weight of 2500 pounds or more but less
than 3500 pounds $2250 flat (d) Net weight of 3500 pounds or more $3250 flat
(3) TRUCKS-(a) Net weight of less than 2000 pounds $1450 flat
971
(b) Net weight of 2000 pounds or more but not more than 3000 pounds $2250 flat
(c) Net weight more than 3000 pounds but not more than 5000 pounds $3250 flat
(d) A truck defined as a goat or any other vehicle when used in the field by a farmer or in the woods for the purpose of harvesting a crop including naval stores during such harvesting operations and which is not principally operated upon the roads of the state $750 flat A goat is a motor vehicle designed constructed and used principally for the transportation of citrus fruit within citrus groves
(e) An ancient antique or collectible truck as defined ins 320086 $750 flat
(4) HEAVY TRUCKS TRUCK TRACTORS FEES ACCORDING TO GROSS VEHICLE WEIGHT-
(a) Gross vehicle weight of 5001 pounds or more but less than 6000 pounds $45 flat
(b) Gross vehicle weight of 6000 pounds or more but less than 8000 pounds $65 flat
(c) Gross vehicle weight of 8000 pounds or more but less than 10000 pounds $76 flat
(d) Gross vehicle weight of 10000 pounds or more but less than 15000 pounds $87 flat
(e) Gross vehicle weight of 15000 pounds or more but less than 20000 pounds $131 flat
(f) Gross vehicle weight of 20000 pounds or more but less than 26001 pounds $186 flat
(g) Gross vehicle weight of 26001 pounds or more but less than 35000 $240 flat
h) Gross vehicle weight of 35000 pounds or more but less than 44000 pounds $300 flat
i) Gross vehicle weight of 44000 pounds or more but less than 55000 pounds $572 flat
Q) Gross vehicle weight of 55000 pounds or more but less than 62000 pounds $678 flat
(k) Gross vehicle weight of 62000 pounds or more but less than 72000 pounds $800 flat
(I) Gross vehicle weight of 72000 pounds or more $979 flat
(m) Notwithstanding the declared gross vehicle weight a truck tractor used within a 150-mile radius of its home address shall be eligible for a license plate for a fee of $240 flat if
1 The truck tractor is used exclusively for hauling forestry products or
2 The truck tractor is used primarily for the hauling of forestry products and is also used for the hauling of associated forestry harvesting equipment used by the owner of the truck tractor
(n) A truck tractor or heavy truck not operated as a for-hire vehicle which is engaged exclusively in transshyporting raw unprocessed and nonmanufactured agrishycultural or horticultural products within a 150-mile radius of its home address shall be eligible for a restricted license plate for a fee of $65 flat if such vehicles declared gross vehicle weight is less than 44000 pounds or $240 flat if such vehicles declared gross vehicle weight is 44000 pounds or more and such vehishycle only transports
1 From the point of production to the point of prishymary manufacture
2 From the point of production to the point of assembling the same or
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
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s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
976
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008035
3 From the point of production to a shipping point of either a rail water or motor transportation company
Such not-tor-hire truck tractors and heavy trucks used exclusively in transporting raw unprocessed and nonmanufactured agricultural or horticultural products may be incidentally used to haul farm implements and fertilizers when delivered direct to the growers The department may require any such documentation deemed necessary to determine eligibility prior to issushyance of this license plate For the purpose of this parashygraph not-for-hire means the owner of the motor vehishycle must also be the owner of the raw unprocessed and nonmanufactured agricultural or horticultural product or the user of the farm implements and fertilizer being delivered
(5) SEMITRAILERS FEES ACCORDING TO GROSS VEHICLE WEIGHT SCHOOL BUSES SPECIAL PURshyPOSE VEHICLES-
(a)1 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $10 flat per regisshytration year or any part thereof
2 A semitrailer drawn by a GVW truck tractor by means of a fifth-wheel arrangement $50 flat per perma-nent registration
(b) A motor vehicle equipped with machinery and designed for the exclusive purpose of well drilling excashyvation construction spraying or similar activity and which is not designed or used to transport loads other than the machinery described above over public roads $3250 flat
(c) A school bus used exclusively to transport pupils to and from school or school or church activities or funcshytions within their own county $30 flat
(d) A motor vehicle operated solely as a wrecker owned and operated by a garage in connection with its regular business $30 flat
(e) A hearse or ambulance $30 flat (6) MOTOR VEHICLES FOR HIRE-(a) Under nine passengers $1250 flat plus $1 per
cwt (b) Nine passengers and over $1250 flat plus $150
per cwt (7) TRAILERS FOR PRIVATE USE-(a) Any trailer weighing 500 pounds or less $5 flat
per year or any part thereof (b) Net weight over 500 pounds $250 flat plus 75
cents per cwt (8) TRAILERS FOR HIRE-(a) Net weight under 2000 pounds $250 flat plus
$1 per cwt (b) Net weight 2000 pounds or more $10 flat plus
$1 per cwt (9) RECREATIONAL VEHICLE-TYPE UNITS-(a) A travel trailer or fifth-wheel trailer as defined by
s 32001 (1 )(b) that does not exceed 35 feet in length $20 flat
(b) A camping trailer as defined bys 32001 (1 )(b)2 $10 flat
(c) A motor home as defined bys 32001(1)(b)4 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (d) A truck camper as defined bys 32001(1)(b)3 1 Net weight of less than 4500 pounds $20 flat
2 Net weight of 4500 pounds or more $35 flat (e) A private motor coach as defined by s
32001(1)(b)5 1 Net weight of less than 4500 pounds $20 flat 2 Net weight of 4500 pounds or more $35 flat (10) PARK TRAILERS TRAVEL TRAILERS FIFTH-
WHEEL TRAILERS 35 FEET TO 40 FEET-(a) Park trailers-Any park trailer as defined in s
32001(1)(b)7 $25 flat (b) A travel trailer or fifth-wheel trailer as defined in
s 32001(1)(b) that exceeds 35 feet $25 flat (11) MOBILE HOMES-(a) A mobile home not exceeding 35 feet in length
$20 flat (b) A mobile home over 35 feet in length but not
exceeding 40 feet $25 flat (c) A mobile home over 40 feet in length but not
exceeding 45 feet $30 flat (d) A mobile home over 45 feet in length but not
exceeding 50 feet $35 flat (e) A mobile home over 50 feet in length but not
exceeding 55 feet $40 flat (f) A mobile home over 55 feet in length but not
exceeding 60 feet $45 flat (g) A mobile home over 60 feet in length but not
exceeding 65 feet $50 flat (h) A mobile home over 65 feet in length $80 flat (12) DEALER LICENSE PLATES-A franchised
motor vehicle dealer independent motor vehicle dealer marine boat trailer dealer or mobile home dealer license plate $1250 flat
(13) EXEMPT OR OFFICIAL LICENSE PLATES-Any exempt or official license plate $3 flat
(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE-A motor vehicle for hire operated wholly within a city or within 25 miles thereof $1250 flat plus $150 per cwt
(15) TRANSPORTER-Any transporter license plate issued to a transporter pursuant to s 320133 $75 flat
History-s 6 ch 7275 1917 s 1 ch 7737 1918 RGS 1011 s 5 ch B410 1921 S 3 ch 10182 1925 CGL 1285 SS 1 2 ch 13888 1929 s 1 ch 14656 1931 s 3 ch 15625 1931 s 3 ch 16085 1933 CGL 1936Supp 1285(1) SS 12ch 18030 1937 CGL 1940 Supp 1285(2) S 1 ch 20310 1941 s 1 ch 20507 1941 s 1 ch 24272 1947 s 1 ch 25393 1949 s 3 ch 28186 1953 s 1 ch 59-312 s 2 ch 59middotmiddotmiddot351 s 1 ch 59-387 s 1 ch 61-116 s 1 ch 63-528 s 6 ch 65-190 s 1 ch 65-257 s 1 ch 65-332 s 1 ch 67-187 ss 24 35 ch 69-106 s 1 ch 71-300 s 3 ch 72-339 s 1 ch 73-197 s 1 ch 73-244 s 4 ch 73-284 s 1 ch 74-243 s 9 ch 75-66 s 2 ch 76-135 s 1 ch 77-174 s 2 ch 77-395 s 3 ch 78-353 s 5 ch 78-363 s 126 ch 79-400 s 14 ch 81-151 s 4 ch 81-209 s 6 ch 82-97 s 52 ch 83-3 s 1 ch 83-19 s 21 ch 83-318 s 5 ch 85-81 s 51 ch 85-180 s 11 ch 85-309 s 5 ch 85-343 ss 3 12 ch 87-161 s 28 ch 87-198 s 2 ch 88-410 s 67 ch 89-282 s 3 ch 89-320 s 2 ch 90-194 s 65 ch 93-120 s 1 ch 93-228 SS 40 51 ch 94-306 S 3 Ch 94-315 $ 19 ch 96-413
32008035 Persons who have disabilities reduced dimension license plate-The owner or lessee of a motorcycle moped motorized bicycle or motorized disshyability access vehicle who resides in this state and qualishyties for a parking permit for a person who has a disability under s 3200848 upon application and payment of the appropriate license tax and fees under s 32008(1 ) must be issued a license plate that has reduced dimenshysions as provided under s 32006(3)(a) The plate must be stamped with the international symbol of accessibilshyity after the numeric and alpha serial number of the license plate The plate entitles the person to all privishyleges afforded by a disabled parking permit issued under s 3200848
History-s 52 ch 94-306 s 9 ch 96-200
972
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
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s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008047 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008056
32008047 Voluntary contribution for organ and tisshysue donor education-As a part of the collection procshyess for license taxes as specified ins 32008 individuals shall be permitted to make a voluntary contribution of $1 which contribution shall be deposited into the Florida Organ and Tissue Donor Education and Procurement Trust Fund for organ and tissue donor education
Hlstory-s 1 ch 95-423 s 30 ch 96-418
3200805 Personalized prestige license platesshy( 1) The department shall issue a personalized presshy
tige license plate to the owner or lessee of any motor vehicle except a vehicle registered under the Internashytional Registration Plan or a commercial truck required to display two license plates pursuant to s 3200706 upon application and payment of the appropriate license tax and fees
(2) Each request for specific numbers or letters or combinations thereof shall be submitted annually to the department on an application form supplied by the department accompanied by the following tax and fees
(a) The license tax required for the vehicle as set forth in s 32008
(b) A prestige plate annual use fee of $10 and (c) A processing fee of $2 (3) The department shall review each application
requesting a personalized prestige license plate and if requested numerals or letters or combinations thereof have not been previously assigned or issued to any other applicant and if the required tax and fees have been submitted the department shall issue and deliver the requested personalized prestige license plate to the applicant
(4) The department is authorized to reject requests deemed by it to be objectionable and the department is further authorized to recall during a registration period any issued personalized license plate detershymined by it to be obscene or otherwise objectionable
(5) Any application rejected by the department shall be returned to the applicant along with the tax and fees submitted within 15 days after the receipt of the applishycation If any personalized license plate is recalled within a current registration period the department shall refund the prestige plate use fee of $10 the special fee of 50 cents and the portion of the license tax computed on a monthly basis for the unused balance of the regisshytration period
(6) A personalized prestige license plate shall be issued for the exclusive continuing use of the applicant An exact duplicate of any plate may not be issued to any other applicant during the same registration period An exact duplicate may not be issued for any succeeding year unless the previous owner of a specific plate relinshyquishes it by failure to apply for renewal or reissuance for three consecutive annual registration periods followshying the original year of issuance
(7) If a vehicle owner who has been issued a personshyalized prestige license plate acquires a replacement vehicle within a registration period the department shall authorize a transfer of a prestige license plate to the replacement vehicle in accordance with the provisions of s 3200609 There will be no refund of the annual use fee or processing fee
(8)(a) Personalized prestige license plates shalt conshysist of four types of plates as follows
1 A plate imprinted with numerals only Such plates shall consist of numerals from 1 to 999 inclusive
2 A plate imprinted with capital letters only Such plates shall consist of capital letters A through Z and shall be limited to a total of seven of the same or differshyent capital letters A hyphen may be added in addition to the seven letters
3 A plate imprinted with both capital letters and numerals Such plates shall consist of no more than a total of seven characters Including both numerals and capital letters in any combination except that a hyphen may be added in addition to the seven characters if desired or needed However on those plates issued to and bearing the names of organizations the letters and numerals shall be of such size if necessary as to accommodate a maximum of 18 digits for automobiles trucks and recreational vehicles and 7 digits for motorshycycles Plates consisting of the four capital letters PRES preceded or followed by a hyphen and numerals of 1 to 999 shall be reserved for issuance only to applishycants who qualify as members of the press and who are associated with or are employees of the reporting media
(b) Personalized prestige plates must be of the same material size and distinctive color as any license plates authorized by this chapter and issued by the state for any registration period however the imprinting of personalized prestige license plates shall be limited solely to the following
1 The letters or numerals or combination of both requested by the applicant must be stamped in large bold letters and numerals limited to the number of charshyacters based on the specific design of the plate requested by the applicant
2 The word Florida must be stamped across the bottom of the plate in small letters unless the word Florida is required to be stamped across the top of the plate according to the specific design of the plate
(9) The annual use fee generated pursuant to this section shall be distributed pursuant to s 32020
History-ss 1 2 3 4 5 6 7 8 9 ch 72-80 s 1 ch 74-301 s 1 ch 75-229 s 1 ch 77-125 s 11 ch 77-357 s 3 ch 77-395 s 2 ch 77middot415 s 1 ch 78-213 s 2 ch 82-50 s 23 ch 83-318 s 20 ch 86-243 s 1 ch 87-197 s 9 ch 88-306 s 1 ch 88-311 s 3 ch 90-194 s 82 ch 91-221 s 53 ch 94-306 s 4 ch 94-315 s 6 ch 95-282 s 20 ch 96-413
32008056 Specialty license plates-( 1) The department is responsible for developing
the specialty license plates authorized in s 32008053 The department shall begin production and distribution of each new specialty license plate within 1 year after approval of the specialty license plate by the Legislashyture
(2) The department shall issue a specialty license plate to the owner or lessee of any motor vehicle except a vehicle registered under the International Registration Plan a commercial truck required to display two license plates pursuant to s 3200706 or a truck tractor upon request and payment of the appropriate license tax and fees
(3) Each request must be made annually to the department accompanied by the following tax and fees
973
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
(a) The license tax required for the vehicle as set forth in s 32008
(b) A processing fee of $2 (c) A license plate fee as required bys 32006(1 )(b) (d) A license plate annual use fee as required in sub-
section (4)
A request may be made any time during a registration period If a request is made for a specialty license plate to replace a current valid license plate the specialty license plate must be issued with appropriate decals attached at no tax for the plate but all fees and service charges must be paid When a request is made for a specialty license plate at the beginning of the registrashytion period the tax together with all applicable fees and service charges must be paid
(4) The following license plate annual use fees shall be collected for the appropriate specialty license plates
license plate $15 (g) Florida Special Olympics license plate $15 (h) Florida educational license plate $15 (i) Florida Professional Sports Team license plate
$25 U) 1Florida Indian River Lagoon license plate $15 (k) Invest in Children license plate $20 (I) Florida arts license plate $20 (m) Bethune-Cookman College license plate $25 (n) Florida Agricultural license plate $20 (o) Girl Scout license plate $20 (p) Police Athletic League license plate $20 (q) Boy Scouts of America license plate $20 (r) Largemouth Bass license plate $25 (5) If a vehicle owner or lessee to whom the departshy
ment has issued a specialty license plate acquires a replacement vehicle within the owners registration period the department must authorize a transfer of the specialty license plate to the replacement vehicle in accordance with s 3200609 The annual use fee or proshycessing tee may not be refunded
(6) Specialty license plates must bear the design required by law for the appropriate specialty license plate and the designs and colors must be approved by the department In addition to a design the specialty license plates may bear the imprint of numerals from 1 to 999 inclusive capital letters A through Z or a comshybination thereof The department shall determine the maximum number of characters including both numershyals and letters All specialty license plates must be othshyerwise of the same material and size as standard license plates issued for any registration period In small letters the word Florida must appear at either the bottom or top of the plate depending upon the design In addition a specialty license plate may bear an appropriate sloshygan
(7) The department shall annually retain from the first proceeds derived from the annual use fees colshylected an amount sufficient to defray each specialty
plates pro rata share of the departments costs directly related to issuing the specialty plate Such costs shall include distribution costs direct costs to the departshyment and any applicable increased costs of manufacshyturing the 2specialty license plate Beginning in the 1995-1996 fiscal year any cost increase to the departshyment related to actual cost of the plate including a reashysonable vendor profit shall be verified by the Departshyment of Management Services The balance of the proshyceeds from the annual use fees collected for that speshycialty license plate shall be distributed as provided by law
(8) If annual use-fee revenues from the sale of a speshycialty license plate exceed the departments costs by the 5th year of sales that specialty license plate may be issued for an additional period of 5 years However if in the 5th year of each additional 5-year period the departshyment determines that annual use-fee revenues from the sale of a specialty license plate are insufficient to defray all of the departments costs related to that specialty license plate the department shall discontinue issuing that specialty license plate
(9) The organization that requested the specialty license plate may not redesign the specialty license plate before the end of the 5th year unless the inventory of those plates has been depleted However the organishyzation may purchase the remaining inventory of the speshycialty license plates from the department at cost
History-s ch 95-282 s ch 96-160 s 1 ch 96-161 s 1 ch 96-162 s 1 ch 96-163 s ch 96-164 s 1 ch 96-165 Note-The word Florida was inserted by the editors to conform to the title of
the plate in s 32008058(10) bullNote-The word specialty was substituted for the word speciality by the edishy
tors
32008058 Specialty license platesshy(1) MANATEE LICENSE PLATES-(a) The department shall develop a manatee license
plate to commemorate the official state marine mammal The word Florida must appear at the top of the plate and the words Save the Manatee must appear at the bottom of the plate
(b)1 The manatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund created within the Department of Environmental Protection The funds deposited in the Save the Manashytee Trust Fund may be used only for environmental edushycation manatee research facilities as provided in s 37012(5)(b) and manatee protection and recovery
2 For fiscal year 1996-1997 25 percent of the manshyatee license plate annual use fee must be deposited into the Save the Manatee Trust Fund within the Department of Environmental Protection and shall be used tor manashytee facilities as provided ins 37012(5)(b)
1(2) CHALLENGER LICENSE PLATES-(a) The department shall develop a Challenger
license plate to commemorate the seven astronauts who died when the space shuttle Challenger exploded on liftoff in 1986 The word Florida shall appear at the top of the plate and the word Challenger must appear at the bottom of the plate both words in small letters
(b)1a Fifty percent of the Challenger license plate annual use fee must be deposited into the Center for Space Education Trust Fund within the Department of Education These funds must be used solely for the
974
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
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s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
design construction maintenance and support of the operations of the Center for Space Education and the Education Technology Institute operated by the Astroshynauts Memorial Foundation Inc These operations must include preservice and inservice training in the use of technology for the states instructional personnel in a manner consistent with state training programs Up to 20 percent of funds received by the Center for Space Education from the Center for Space Education Trust Fund may be expended for administrative costs directly associated with the operation of the center
b Upon approval of the Department of Education funds must be transferred from the Center for Space Education Trust Fund to the Astronauts Memorial Founshydation Inc solely to design construct maintain and support the operations of the Center for Space Educashytion and the Education Technology Institute A request for the transfer of funds must include information relatshying to specific plans tor disbursing the funds Before expending funds from their account the Astronauts Memorial Foundation Inc must request approval from the Department of Education as if the funds were in the Department of Educations trust fund
2 Subparagraph 1 is repealed July 1 1997 After the date of repeal the funds distributed pursuant to subparagraph 1 shall be distributed to the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund created in s 240408
3 Twenty-five percent of the Challenger license plate annual use fee must be distributed to the Chalshylenger Astronauts Memorial Undergraduate Scholarship Trust Fund for use as provided by s 240408
4 The remaining 25 percent must be distributed to the Technological Research and Development Authority created bys 2 chapter 87-455 Laws of Florida for the purpose of funding space research grants The Technoshylogical Research and Development Authority shall coorshydinate and distribute available resources among state universities and independent colleges and universities based on the research strengths of such institutions in space science technology
5 The Auditor General has the authority to examine any and all records pertaining to the Astronauts Memoshyrial Foundation Inc and the Technological Research and Development Authority to determine compliance with the law
(3) COLLEGIATE LICENSE PLATES-(a) The department shall develop a collegiate
license plate as provided in this section for state and independent universities domiciled in this state Colleshygiate license plates must bear the colors and design approved by the department as appropriate for each state and independent university The word Florida must be stamped across the bottom of the plate in small letters
(b) A collegiate plate annual use fee is to be distribshyuted to the state or independent university foundation designated by the purchaser for deposit in an unreshystricted account The Board of Regents shall require each state university to submit a plan for approval of the expenditure of all funds so designated These funds may be used only for academic enhancement including scholarships and private fundraising activities
(4) FLORIDA SALUTES VETERANS LICENSE PLATES-
(a) The Florida Salutes Veterans license plate develshyoped by the department must have a white background and must be designed so that the word Florida appears in red characters at the top of the plate the words Salutes Veterans appear at the bottom of the plate in white characters on a red background the flag of the United States which must be designed to be wavshying appears in the center of the plate and the serial numbers appear in blue characters at either side of the flag
(b) The Florida Salutes Veterans license plate annual use fee must be deposited in the State Homes for Veterans Trust Fund which is created in the State Treasury All such moneys are to be administered by the Department of Veterans Affairs and must be used solely for the purpose of constructing operating and maintainshying domiciliary and nursing homes for veterans subject to the requirements of chapter 216
(5) FLORIDA PANTHER LICENSE PLATES-(a) The department shalt develop a Florida panther
license plate as provided in this section Florida panther license plates must bear the design of a Florida panther and the colors that department approves In small letshyters the word Florida must appear at the bottom of the plate
(b) The department shall distribute the Florida panshyther license plate annual use fee in the following manner
1 Eighty-five percent must be deposited in the Florida Panther Research and Management Trust Fund in the Game and Fresh Water Fish Commission to be used for education and programs to protect the endanshygered Florida panther
2 Fifteen percent but no less than $300000 must be deposited in the Florida Communities Trust Fund to be used pursuant to the Florida Communities Trust Act
(c) A person or corporation that purchases 10000 or more panther license plates shall pay an annual use fee of $5 per plate and an annual processing fee of $2 per plate in addition to the applicable license tax required under s 32008
(6) FLORIDA UNITED ST ATES OLYMPIC COMMITshyTEE LICENSE PLATES-
(a) Because the United States Olympic Committee has selected this state to participate in a combined fundraising program that provides for one-half of all money raised through volunteer giving to stay in this state and be administered by the Sunshine State Games Foundation to support amateur sports and because the United States Olympic Committee and the Sunshine State Games Foundation are nonprofit organishyzations dedicated to providing athletes with support and training and preparing athletes of all ages and skill levels for sports competition and because the Sunshine State Games Foundation assists in the bidding for sports competitions that provide significant impact to the economy of this state and the Legislature supports the efforts of the United States Olympic Committee and the Florida Sunshine State Games Foundation the Legshyislature establishes a Florida United States Olympic Committee license plate for the purpose of providing a continuous funding source to support this worthwhile
975
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
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s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
effort Florida United States Olympic Committee license plates must contain the official United States Olympic Committee logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be paid to the Florida Governors Council on Physical Fitshyness and Amateur Sports to be distributed as follows
a Fifty percent must be distributed to the Sunshine State Games Foundation for Floridas Olympic Sports Festival for Amateur Athletes
b Fifty percent must be distributed to the United States Olympic Committee
2 Any additional fees must be deposited into the General Revenue Fund
(7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES-
(a) Florida Special Olympics license plates must contain the official Florida Special Olympics logo and must bear a design and colors that are approved by the department The word Florida must be centered at the top of the plate and the words Support Florida Special Olympics must be centered at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 The first $5 million collected annually must be forshywarded to the Florida Developmental Disabilities Planshyning Council as described in 2s 393001 and must be used solely for Special Olympics purposes as approved by the council
2 Any additional fees must be deposited into the General Revenue Fund
(8) FLORIDA EDUCATIONAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida educational license plate as provided in this section Florida educational license plates must bear a design and colors that the department approves The word Florida must appear in small letters at the top of the plate
(b) The license annual use fees are to be distributed annually as follows
1 In each school district that has a district prekindergarten through grade 12 public school foundashytion or a direct-support organization the moneys raised in that school district through the sale of Florida educashytional license plates must be distributed to the foundashytion or organization for enhancing educational proshygrams
2 In each school district that does not have a dis-trict prekindergarten through grade 12 public school foundation or a direct-support organization the moneys raised in that school district through the sale of Florida educational license plates must be distributed to the district school board and must be used at the discretion of the board for enhancing educational programs
(9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES-
(a) The Department of Highway Safety and Motor Vehicles shall develop a Florida Professional Sports Team license plate as provided in this section for Major League Baseball National Basketball Association
National Football League Arena Football Teams and National Hockey League teams domiciled in this state Florida Professional Sports Team license plates must bear the colors and design approved by the department and must include the official league or team logo or both as appropriate for each team The word Florida must appear at the top of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
1 Fifty-five percent of the proceeds from the Florshyida Professional Sports Team plate must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used solely to attract and support major sports events in this state As used in this subparagraph the term major sports events means but is not limited to championship or all-star contests of Major League Baseball the National Basketball Association the National Football League the National Hockey League the mens and womens National Collegiate Athletic Association Final Four basshyketball championship or a horseracing or dogracing Breeders Cup All funds must be used to support and promote major sporting events and the uses must be approved by the Florida Sports Foundation
2 The remaining proceeds of the Florida Professhysional Sports T earn license plate must be allocated to the Florida Sports Foundation a direct-support organishyzation of the Office of Tourism Trade and Economic Development These funds must be deposited into the Professional Sports Development Trust Fund within the Office of Tourism Trade and Economic Development These funds must be used by the Florida Sports Founshydation to promote the economic development of the sports industry to distribute licensing and royalty fees to participating professional sports teams to institute a grant program for communities bidding on minor sportshying events that create an economic impact for the state to distribute funds to Florida-based charities desigshynated by the Florida Sports Foundation and the particishypating professional sports teams and to fulfill the sports promotion responsibilities of the Office of Tourism Trade and Economic Development
3 The Florida Sports Foundation shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified pubshylic accountant pursuant to the contract established by the Office of Tourism Trade and Economic Developshyment as specified in s 2881229(5) The auditor shall submit the audit report to the Office of Tourism Trade and Economic Development for review and approval If the audit report is approved the office shall certify the audit report to the Auditor General for review
(10) FLORIDA INDIAN RIVER LAGOON LICENSE PLATES-
(a) Because the Indian River Lagoon system has been targeted by the state as a priority waterbody for restoration and preservation since the 1987 Surface Water Improvement and Management Act and because the St Johns River and South Florida Water Manageshyment Districts have jointly developed a management plan that includes water quality improvement habitat restoration and public awareness and education and
976
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
because the United States Environmental Protection Agency has declared the Indian River Lagoon to be an estuary of national significance and because coastal lagoon activities relating to saltwater fishing account for a multibillion dollar economic base and because the Legislature supports the restoration efforts of the water management districts the Legislature establishes a Florida Indian River Lagoon license plate for the purpose of providing a continuous funding source to support this worthwhile effort and to heighten public awareness of this economically significant resource Florida Indian River Lagoon license plates must contain the fish snook which has been used as the Indian River Lagoon Surface Water Improvement and Management logo suspended over seagrass and must bear the colshyors and design approved by the department
(b) The license plate annual use fees are to be disshytributed annually as follows
1 The first $5 million collected annually must be transferred to the St Johns River Water Management District The district shall account for these funds sepashyrate from all other funds received These funds must be distributed as follows
a Based on Florida Indian River Lagoon license plate sales data from each county tax collector for Volusia Brevard Indian River St Lucie Martin and Palm Beach Counties each countys total number of Florida 1ndian River Lagoon license plates sold between October 1 and September 30 must represent a percentshyage of the six-county total calculated as follows the total number sold for county A divided by the total numshyber sold for counties A B C D E and F is multiplied by 100 The percentage determined for St Lucie Martin and Palm Beach Counties must be totaled and that total percentage of the statewide Florida Indian River Lagoon license plate revenues must be transferred to the South Florida Water Management District special Indian River Lagoon License Plate Revenue Account and distributed proportionately among St Lucie Martin and Palm Beach Counties The remaining funds in the St Johns River Water Management District Revenue Account must be divided proportionately between Volusia Brevard and Indian River Counties
b Each water management district is responsible for administering projects in its respective counties funded with the appropriate percentage of license plate revenues
2 Any additional fees must be deposited into the General Revenue Fund Fees are not to be deposited into the general revenue funds of the water manageshyment districts
(c) The application of Florida Indian River Lagoon license plate annual use fees is to be administered by the St Johns River and South Florida Water Manageshyment Districts for Indian River Lagoon projects and in accordance with their contracting and purchasing polishycies and procedures with the following restrictions
i An annual amount of the total license plate use fees must be earmarked for each of the six lagoon basin counties as determined in sub-subparagraph (b)1a to be expended in those counties on habitat restoration including water quality improvement and environmental education projects At least 80 percent of the use fees
must be used for restoration projects and not more than 20 percent may be used for environmental education in each county These project funds may serve as matchshying funds for other local state or federal funds or grants Unencumbered funds from one year may be carried over to the following year but must be dedicated to a project within 2 years in the form of a contract an interlocal agreement or an approved plan by the governing board of the respective district
2 Florida Indian River Lagoon license plate annual use fees may not be used for administrative salaries or overhead within the water management districts nor for any general coordination fees or overhead outside of the districts which is not specifically related to a project nor for any projects which are considered to be research studies inventories or evaluations nor for administrashytive salaries or overhead related to environmental edushycation or ongoing regular maintenance Annual use fees may be used for acquisition of rights-of-way specific to the implementation of restoration or improvement projshyects if acquisition expenditures do not exceed 20 pershycent of a countys appropriation
3 In Volusia County project implementation may occur in all estuarine waters extending north to and including the 3Tomoka Basin
4 In Palm Beach County first priority must be given to projects within the Indian River Lagoon Second priorshyity must be given to projects within adjacent estuarine waters
(d) It is the intent of the Legislature that revenues generated by the Florida Indian River Lagoon license plate annual use fees must not be used as replacement funds for Surface Water Improvement and Management Act funds but must be used solely for the enhancement of the Indian River Lagoon area
(11) INVEST IN CHILDREN LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop an Invest in Children license plate Invest in Children license plates must bear the colshyors and design approved by the department The word Florida must appear at the top of the plate and the words Invest in Children must appear at the bottom of the plate
(b) The proceeds of the Invest in Children license plate annual use fee must be deposited into the Juvenile Crime Prevention and Early Intervention Trust Fund within the Department of Juvenile Justice Based on the recommendations of the juvenile justice councils the department shall use the proceeds of the fee to fund programs and services that are designed to prevent juvenile delinquency The department shall allocate moneys for programs and services within each county based on that countys proportionate share of the license plate annual use fee collected by the county
(12) FLORIDA ARTS LICENSE PLATES-(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida arts license plate as proshyvided in this section In small letters the word Florida must appear at the top of the plate and the word Art or Arts or a combination of words including the word Art or Arts may appear at the bottom of the plate
(b) The license plate annual use fees are to be annushyally distributed as follows
977
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32008058
1 All fees collected must be forwarded quarterly to the Division of Cultural Affairs of the Department of State together with a report setting forth the amount of such fees collected in each county and must be deposshyited into the Florida Fine Arts Trust Fund
2 The Division of Cultural Affairs shall distribute the fees forwarded to it by the department to the counties in the amounts set forth in the report required under subparagraph 1 in each case to the county arts council for such county or if there is none to such other agency in the county as the division designates to be applied by the council or agency to support art organizations programs and activities within the county
(c) The Division of Cultural Affairs shall have the authority to administer this subsection under rules established by the Division of Cultural Affairs The agency may adopt only rules that implement interpret or make specific the particular powers and duties granted by this subsection
(13) BETHUNE-COOKMAN COLLEGE LICENSE PLATES-
(a) The department shall develop a BethuneshyCookman College license plate to commemorate Bethune-Cookman College
(b) The annual use fees must be distributed to Bethune-Cookman College
(14) FLORIDA AGRICULTURAL LICENSE PLATESshy(a) The Department of Highway Safety and Motor
Vehicles shall develop a Florida Agricultural license plate Florida Agricultural license plates must bear the colors and design approved by the department The word Agriculture must appear at the top of the plate and the words Keeps Florida Green must appear at the bottom of the plate
(b) The proceeds of the Florida Agricultural license plate annual use fee must be forwarded to the directshysupport organization created in s 570912 The funds must be used for the sole purpose of funding and proshymoting the Florida agriculture in the classroom program established within the Department of Agriculture and Consumer Services pursuant to s 57091
(15) GIRL SCOUT LICENSE PLATES-(a) The department shall develop a Girl Scout
license plate as provided in this section to commemoshyrate the Girl Scout councils in this state The word Florida must appear at the top of the plate and the words For Her Future must appear at the bottom of the plate
(b) The annual use fees shall be distributed to the Citrus Council of Girl Scouts Inc which shall distribute funds to the following Girl Scout councils equal to the annual use fees received from counties served by each council
1 Citrus Council of Girl Scouts Inc 2 Gateway Girl Scout Council Inc 3 Girl Scouts of Broward County Inc 4 Girl Scout Council of Tropical Florida Inc 5 Heart of Florida Girl Scout Council Inc 6 Palm Glades Girl Scout Council Inc 7 Suncoast Girl Scout Council Inc
Funds collected in counties not served by one of the
above councils shall be used by the Citrus Council of Girl Scouts Inc to reimburse expenditures made on behalf of other councils to comply with s 32008053 Once those expenditures have been reimbursed the funds shall be distributed to the Girl Scout councils servshying those counties in the same manner as funds are disshytributed to the listed councils
(16) POLICE ATHLETIC LEAGUE LICENSE PLATES (a) The department shall develop a Police Athletic
League license plate as provided in this section to comshymemorate the Police Athletic League in this state The word Florida must appear at the top of the plate the words Police Athletic League must appear at the botshytom of the plate and a shield with the Police Athletic League logo must appear to the left of the numerals
(b) The annual use fees shall be distributed to the Florida Police Athletic League Inc to provide educashytional materials athletic equipment transportation food medical checkups counseling scholarships and other direct expenses incurred by the league in conductshying its youth programs
(17) BOY SCOUTS OF AMERICA LICENSE PLATES (a) The Department of Highway Safety and Motor
Vehicles shall develop a Boy Scouts of America license plate The word Florida must appear at the top of the plate and the words Scouting Teaches Values must appear at the bottom of the plate The license plate must contain the official Boy Scouts of America logo the fleur-de-lis in the center of the plate
(b)1 The Central Florida Council is the lead Boy Scout council on behalf of the nine councils in this state The proceeds from the annual use fee must be sent to the Central Florida Council together with statistics on sales of the license plates which are tabulated by county The Central Florida Council must distribute to each of the nine councils the moneys received from sales in the counties within the respective council
2 The Boy Scouts of America license plate annual use fee may be used by the councils for basic adminisshytrative expenses office and professional services yearshyround camping facilities the recruitment of adult leaders and their continuing training the maintenance of current facilities and the continuing promotion and marketing of the license plate
(18) LARGEMOUTH BASS LICENSE PLATES-(a) The department shall develop a Largemouth
Bass license plate as provided in this section to comshymemorate the official freshwater fish of this state The word Florida must appear at the top of the plate the words Go Fishing must appear at the bottom of the plate and a representation of a largemouth bass must appear to the left of the numerals
(b) The annual use fees shall be distributed to the State Game Trust Fund and used by the Game and Fresh Water Fish Commission to fund current conservashytion programs that maintain current levels of protection and management of this states fish and wildlife resources including providing hunting fishing and nonconsumptive wildlife opportunities
978
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32008058 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320084
Hiatory-s 3 ch 95-282 s 2 ch 96-160 s ch 96-161 s 2 ch 96-162 s 2 ch 96-163 s 2 ch 96-164 s 2 ch 96-165 s ch 96-320 s 15 ch 96-321
bullNote-Sec1ion 4 ch 95-376 effeclive July 1 1996 would have amended former s 3200808(3) which provided IOI distribution of the Challenger license plate user tee lo distribute 75 percent of the fee to the Challenger Astronauts Memorial Undermiddot graduate Scholarship Trust fund and 25 percent lo the Technological Research and Development Authority Section 3200808 was repealed by s 15 ch 95-282
bullNote-Repealed bys 4 ch 95-293 Section 393002 provides for the transfer of the council to a private nonprofit corporation
bullNote-The word T omoka was substituted for the word Tomaka by the editors
3200815 Mobile homes and recreational vehicleshytype units required to have appropriate license plates or stickers-
( 1) Recreational vehicle-type units taxed under s 32008(9) and (10) shall be issued appropriate license plates except as provided in subsection (2)
(2) A mobile home or recreational vehicle-type unit which is permanently affixed to the land shall be issued a mobile home sticker at the fee prescribed in s 32008(11) unless the mobile home or recreational vehishycle-type unit is qualified and taxed as real property in which case the mobile home or recreational vehicleshytype unit shall be issued an RP series sticker Series RP stickers shall be provided by the department to the tax collectors and such a sticker will be issued by the tax collector to the registered owner of such a mobile home or recreational vehicle-type unit upon the producshytion of a certificate of the respective property appraiser that such mobile home or recreational vehicle-type unit is included in an assessment of the property of such regshyistered owner for ad valorem taxation An RP series sticker shall be issued by the tax collector for an aggreshygate fee of $3 each to be distributed as follows $250 shall be retained by the tax collector as a service charge 25 cents shall be remitted to the property appraiser and 25 cents shall be remitted to the department to defray the cost of manufacture and handling Mobile home stickers and RP series stickers shall be of a size to be determined by the department A mobile home sticker or RP series sticker shall be affixed to the lower left corshyner of the window closest to the street or road providing access to such residence
Hia1ory-s 3 ch 70---391 s 5 ch 72-339 s 1 ch 77-102 s 94 ch 77-104 s 13 ch 77-357 s 6 ch 78-207 s 26 ch 83-318 s 4 ch 85-324 s 39 ch 96-413
320084 Free motor vehicle license plate to certain disabled veterans-
( 1) One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding 5 years or has established a domicile in this state as provided bys 22217(1) (2) or (3) and who has been honorably discharged from the United States Armed Forces upon application accompanied by proof that
(a) A vehicle was initially acquired through financial assistance by the United States Department of Vetershyans Affairs or its predecessor specifically for the purshychase of an automobile
(b) The applicant has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation or
(c) The applicant has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services
(2) The production by a veteran of a valid identificashytion card issued by the Department of Veterans Affairs in accordance with s 29517 or a letter from the United States Department of Veterans Affairs or its predecesshysor or any branch of the uniformed Armed Services certishyfying a service-connected disability rating of 100 pershycent for the veteran is prima facie evidence of the vetershyans eligibility for the benefits contained in subsection (1 )
(3) The department shall as it deems necessary require each person to whom a motor vehicle license plate has been issued pursuant to subsection (1) to apply to the department for reissuance of his or her regshyistration license plate Upon receipt of the application and proof of the applicants continued eligibility the department shall issue a new permanent middotovmiddot numerical motor vehicle license plate which shall be of the colors red white and blue similar to the colors of the United States flag The operation of a motor vehicle displaying a DV license plate from a previous issue period or a noncurrent validation sticker after the date specified by the department shall subject the owner if he or she is present otherwise the operator to the penalty provided in s 31818(2) Such permanent license plate shall be removed upon sale of the vehicle but may be transshyferred to another vehicle owned by such veteran in the manner prescribed by law The license number of each plate issued under this section shall be identified by the letter designation DV Upon request of any such vetshyeran the department is authorized to issue a designashytion plate containing only the letters middotov to be disshyplayed on the front of the vehicle
(4)(a) With the issuance of each new permanent DV numerical motor vehicle license plate the departshyment shall initially issue without cost to the applicant a validation sticker reflecting the owners birth month and a serially numbered validation sticker reflecting the year of expiration The initial sticker reflecting the year of expiration may not exceed 15 months
(b) There shall be a service charge in accordance with the provisions of s 32004 for each initial applicashytion or renewal of registration and an additional sum of 50 cents on each license plate and validation sticker as provided in s 32006(3)(b)
(c) Registration under this section shall be renewed annually during the applicable renewal period on forms prescribed by the department which shall include in addition to any other information required by the departshyment a certified statement as to the continued eligibility of the applicant to receive the special DV license plate Any applicant who falsely or fraudulently submits to the department the certified statement required by this paragraph is guilty of a noncriminal violation and is subshyject to a civil penalty of $50
(5) A county or municipality or any agency thereof may not impose upon any person who is issued a middotovmiddot motor vehicle license plate or a license plate with the international accessibility symbol under this section any fee or penalty for parking in any metered or timed parking space except
979
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320084 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
(a) As provided in s 3161964 or (b) When the person is parked without a permit
issued under s 3200848 in a space designated for use by persons who have disabilities
History-s 1 ch 26839 1951 s 7 ch 28186 1953 s 3 ch 57-266 s 1 ch 59-104 s 1 ch 63-277 S 6 ch 65-190 SS 1 2 ch 67-47 S 1 ch 67-420 SS
24 35 ch 69-106 s 1 ch 69-269 s 92 ch 71-355 s 3 ch 77-68 s 16 ch 77-357 s 1 ch 79-208 s 1 ch 80-306 s 5 ch 83-71 s 28 ch 83-318 s 3 ch 85middotmiddot63 s 27 ch 88-290 s 11 ch 93-268 s 354 ch 95-148 s 10 ch 96-200
3200842 Free motor vehicle license plates to vetshyerans who use wheelchairs-
( 1) Upon application by any person who owns or leases a motor vehicle and who is qualified under subshysection (2) the department shall issue to such person a free motor vehicle license plate similar in all respects to the plate issued under s 320084 with the exception that the designation DV is replaced by the international symbol of accessibility The international symbol of accessibility is as follows
(2) In order to be eligible for the motor vehicle license plate described in subsection ( 1 ) a person must comply with the following provisions
(a) The veteran must be eligible for the license plate issued under s 320084 and must apply for the license plate issued under this section in lieu of or in exchange for the motor vehicle license number plate authorized by s 320084 and
(b) The veteran must offer in addition to the proof required by s 320084(1 ) proof that due to a serviceshyconnected disability he or she permanently uses a wheelchair
(3) Upon request the department shall issue to a person who has received a motor vehicle license plate under subsection (2) a designation plate containing only the international symbol of accessibility to be disshyplayed on the front of a vehicle
(4) Section 320084(3) and (4) applies to license plates issued under this section
History-s 1 ch 72-31 s 2 ch 74-202 s 5 ch 79-82 s 2 ch 79-208 s 30 ch 83-318 s 355 ch 95-148 s 11 ch 96-200
3200848 Persons who have disabilities issuance of disabled parking permits temporary permits pershymits for certain providers of transportation services to persons who have disabilities-
( 1 )(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall upon application and receipt of the fee issue a disabled parking permit for a period that ends on the renewal date for that pershysons drivers license or identification card to any person who has permanent mobility problems or a temporary disabled parking permit not to exceed 1 year to any pershyson who has temporary mobility problems The applicashytion for a disabled parking permit must contain the name and motor vehicle policy number of the applicants pri-
mary insurance carrier whom the department may notify upon granting a disabled parking permit The person must be currently certified by a physician licensed under chapter 458 chapter 459 or chapter 460 or by a podiashytrist licensed under chapter 461 by the Division of Blind Services of the Department of Labor and Employment Security or by the Adjudication Office of the United States Department of Veterans Affairs or its predecesshysor as being legally blind or as having any of the followshying disabilities that limit or impair his or her ability to walk
1 Inability to walk 200 feet without stopping to rest 2 Inability to walk without the use of or assistance
from a brace cane crutch prosthetic device or other assistive device or without the assistance of another person If the assistive device significantly restores the persons ability to walk to the extent that the person can walk without severe limitation the person is not eligible for the exemption parking permit
3 The need to permanently use a wheelchair 4 Restriction by lung disease to the extent that the
persons forced (respiratory) expiratory volume for 1 second when measured by spirometry is less than 1 liter or the persons arterial oxygen is less than 60 mmhg on room air at rest
5 Use of portable oxygen 6 Restriction by cardiac condition to the extent
that the persons functional limitations are classified in severity as Class Ill or Class IV according to standards set by the American Heart Association
7 Severe limitation in the persons ability to walk due to an arthritic neurological cir orthopedic condition
(b) The certificate of disability must include but need not be limited to
1 The disability of the applicant the certifying physhysicians name and address the physicians certification number the eligibility criteria for the permit the penalty for falsification by either the certifying physician or the applicant the duration of the condition that entitles the person to the permit and justification for the additional placard pursuant to subsection (2)
2 The statement in bold letters A disabled parkshying permit may be issued only for a medical necessity that severely affects mobility
3 The signatures of a The applicants physician b The applicant or the applicants parent or guardshy
ian and c The employee of the departments authorized
agent which employee is processing the application (c) The Department of Highway Safety and Motor
Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the cershytification required by paragraph (b) for the period that coincides with the period of the persons drivers license or identification card
(d) The Department of Highway Safety and Motor Vehicles shall in consultation with the Transportation Disadvantaged Commission adopt rules in accordance with chapter 120 for the issuance of a disabled parking permit to any organization that can adequately demonshystrate a bona tide need for such a permit because the organization provides regular transportation services to
980
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3200848
persons who have disabilities and are certified as proshyvided in paragraph (a)
(2) DISABLED PARKING PERMIT PERSONS WITH PERMANENT MOBILITY PROBLEMS-
(a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible One side of the placard must display the applicants drivers license number or state identification card number along with a warning that the applicant must have such identishyfication at all times while using the parking permit A valishydation sticker must also be issued with each disabled parking permit showing the year of expiration and the holders birth month on each side of the placard Validashytion stickers must be of the size specified by the Departshyment of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits The disabled parking permits must use the same colors as license plate validations
(b) License plates issued under ss 320084 3200842 3200843 and 3200845 are valid for the same parking privileges and other privileges provided under ss 3161955 3161964 and 526141(5)(a)
(c)1 Except as provided in subparagraph 2 the fee for a disabled parking permit shall be
a Twenty-two dollars and fifty cents for the initial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $2025 and the tax collector of the county in which the fee was collected shall receive $225
b One dollar and fifty cents for each additional or additional renewal 6-year permit of which the State Transportation Trust Fund shall receive all funds colshylected
c Fifteen dollars for each initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1350 and the tax collector of the county in which the fee was collected shall receive $150
d One dollar for each additional or additional renewal 4-year permit of which the State Transportashytion Trust Fund shall receive all funds collected
The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic
2 If an applicant who is a disabled veteran is a resishydent of this state has been honorably discharged and either has been determined by the Department of Defense or the 1Veterans Administration of the Federal Government to have a service-connected disability ratshying for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administrashytion and has a signed physicians statement of qualificashytion for the disabled parking permits the fee for a disshyabled parking permit shall be
a Two dollars and twenty-five cents for the initial 6-year permit or renewal permit
b One dollar and fifty cents for the additional or additional renewal 6-year permit
981
c One dollar and fifty cents for the initial 4-year permit or renewal permit
d One dollar for each additional or additional renewal 4-year permit
The tax collector of the county in which the fee was colshylected shall retain all funds received pursuant to this subparagraph
3 If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of suppleshymental security income the fee for the disabled parking permit shall be
a Twelve dollars and seventy-five cents for the inishytial 6-year permit or renewal permit of which the State Transportation Trust Fund shall receive $1015 and the tax collector of the county in which the fee was collected shall receive $260
b Nine dollars for the initial 4-year permit or renewal permit of which the State Transportation Trust Fund shall receive $675 and the tax collector of the county in which the fee was collected shall receive $225
The department may not issue to any one eligible applishycant more than two disabled parking permits except to an organization in accordance with paragraph (1 )(d) Subsections (1 ) (5) (6) and (7) apply to this subsection
(3) DISABLED PARKING PERMIT TEMPORARYshy(a) The temporary disabled parking permit is a placshy
ard of a different color from the color of the permanent disabled parking permit placard and must clearly disshyplay the date of expiration but is in all other respects identical to the permanent disabled parking permit placshyard The temporary disabled parking permit placard must be designed to conspicuously display the expirashytion date of the permit on the front and back of the placshyard
(b) The department shall issue the temporary disshyabled parking permit for the period of the disability as stated by the certifying physician but not to exceed 1 year
(c) The fee for a temporary disabled parking permit is $15
(4) From the proceeds of the temporary disabled parking permit fees
(a) The Department of Highway Safety and Motor Vehicles must receive $350 for each temporary permit to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disshyabled parking permit program
(b) The tax collector for processing must receive $250 for each temporary permit
(c) The remainder must be distributed monthly as follows
1 To the Florida Governors Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities with special emphasis on removing transportation barriers $4 These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governors Alliance for Employment of Disabled Citizens
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3200848 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320086
2 To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities $5
(5) The applications for disabled parking permits and temporary disabled parking permits are official state documents The following statement must appear on each application form immediately below the physishycians signature and immediately below the applicants signature Knowingly providing false information on this application is a misdemeanor of the first degree punishshyable as provided in s 775082 Florida Statutes or s 775083 Florida Statutes The penalty is up to 1 year in jail or a fine of $1000 or both
(6) Any person who knowingly makes a false or misshyleading statement in an application or certification under this section commits a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
2(7) Any person who fraudulently obtains or unlawshyfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking pershymit with the intent to deceive is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudushylently obtains and uses such a permit
(9) A violation of this section is grounds for disciplinshyary action under s 458331 s 459015 s 460413 ors 461013 as applicable
(10) The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section
History-s 7 ch 79-82 s 3 ch 80-196 s 32 ch 83-318 s 4 ch 84 108 s 7 ch 85-227 s 1 ch 86-237 s 1 ch 87-220 s 1 ch 9() 28 s 18 ch 90-33() s ch 93-120 s 1 ch 93-127 s 12 ch 93-268 s 356 ch 95-148 s 7 ch
s 12 ch 96-200 s 8 ch 96-296 s 52 ch 96middot350 1Note-Redesignated as the United States Department of Veterans AHairs by
Pub L No 100-middot527 s 2 bullNote-As redesignated from subsection (6) to subsection (7) and amended by
s 12 ch 96-200 This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996 pp 1777 2145) This subsection was also amended bys 52 ch 96-350 The subsection now designated as subsecmiddot lion (7) as amended by s 52 ch 96-35() reads
(7) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permiddot mit with the intent to deceive is guilty of a nonmoving traffic violation punishable as provided in ss 316008(4) and 31818(6)
320086 Ancient antique or collectible motor vehishycles horseless carriage antique collectible or hisshytorical license plates-
( 1) The owner of an automobile or truck for private use manufactured in 1927 or earlier equipped with an engine manufactured in 1927 or earlier or manufactured to the specifications of the original engine and operated on the streets and highways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax for an ancient motor vehicle prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle The license plate shall be permanent and valid for use without renewal so long as the vehicle is in existshyence In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run
in a separate numerical series commencing with Horseless Carriage No 1 and the plates shall be of a distinguishing color
(2) The owner of an automobile or truck for private use manufactured between 1928 and 1945 inclusive with an engine manufactured between 1928 and 1945 inclusive or manufactured to the specifications of the original engine and operated on the streets and highshyways of this state shall upon application in the manner and at the time prescribed by the department and upon payment of the license tax prescribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be preshyscribed by the department commensurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Antique Vehicle No 1 and the plates shall be of a disshytinguishing color
(3)(a) The owner of an automobile or truck for private use of the age of 20 years or more from the date of manshyufacture equipped with an engine of the age of 20 years or more from the date of manufacture and operated on the streets and highways of this state shall upon applishycation in the manner and at the time prescribed by the department and upon payment of the license tax preshyscribed by s 32008(2)(a) or (3)(e) be issued a special license plate for such motor vehicle In addition to the payment of all other fees required by law the applicant shall pay such fee for the issuance of the special license plate as may be prescribed by the department commenshysurate with the cost of its manufacture The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series commencing with Collectible No 1 and the plates shall be of a distinguishing color
(b) Motor vehicles with a model year of 1946-1960 registered as ancient prior to July 1 1996 shall be grandfathered to maintain a permanent license plate unless the vehicle is transferred to a new owner Upon transfer of a vehicle with a model year of 1946-1960 after July 1 1996 the vehicle shall be registered as a colshylectible and required to renew annually as prescribed by s 32008
(4) Any person who is the registered owner of an ancient antique or collectible motor vehicle as defined in this section may apply to the department for permisshysion to use a historical Florida license plate which clearly represents the model year of the vehicle as a personalshyized prestige license plate This plate shall be furnished by such person and shall be presented to the departshyment with a reasonable fee to be determined by the department for approval and for authentication that the historic license plate and any applicable decals were issued by this state in the same year as the model year of the car or truck The requirements of s 3200805(8)(b) do not apply to historical plates authorized under this 1subparagraph
History-s 1 ch 57326 s 1 ch 59-206 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 78-363 s 33 ch 83-318 s 2 ch 87-197 s 18 ch 96-413
Note-Sectton 320086(4) contains no subparagraphs
982
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320089 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320131
320089 Members of National Guard and active United States Armed Forces reservists former prisonshyers of war survivors of Pearl Harbor Purple Heart medal recipients special license plates fee-
( 1) Each owner or lessee of an automobile or truck for private use or recreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commermiddot cial use who is a resident of the state and an active or retired member of the Florida National Guard a survivor of the attack on Pearl Harbor a recipient of the Purple Heart medal or an active member of any branch of the United States Armed Forces Reserve shall upon applimiddot cation to the department accompanied by proof of active membership or retired status in the Florida National Guard proof of membership in the Pearl Harbor Survivors Association or proof of active military duty in Pearl Harbor on December 7 1941 proof of being a Purshyple Heart medal recipient or proof of active membership in any branch of the Armed Forces Reserve and upon payment of the license tax for the vehicle as provided in s 32008 be issued a license plate as provided by s 32006 upon which in lieu of the serial numbers preshyscribed by s 32006 shall be stamped the words National Guard Pearl Harbor Survivor Combatshywounded veteran or US Reserve as appropriate folshylowed by the serial number of the license plate Additionmiddot ally the Purple Heart plate may have the words Purple Heart stamped on the plate and the likeness of the Purmiddot pie Heart medal appearing on the plate
(2) Each owner or lessee of an automobile for private use truck weighing not more than 5000 pounds or recshyreational vehicle as specified in s 32008(9)(c) or (d) which is not used for hire or commercial use who is a resident of the state and who is a former prisoner of war or their unremarried surviving spouse shall upon applishycation therefor to the department be issued a license plate as provided in s 32006 on which license plate are stamped the words Ex-POW followed by the serial number Each application shall be accompanied by proof that the applicant meets the qualifications specishyfied in paragraph (a) or paragraph (b)
(a) A citizen of the United States who served as a member of the Armed Forces of the United States or the armed forces of a nation allied with the United States who was held as a prisoner of war at such time as the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the special license plate provided for in this subshysection without payment of the license tax imposed by s 32008
(b) A person who was serving as a civilian with the consent of the United States Government or a person who was a member of the Armed Forces of the United States who was not a United States citizen and was held as a prisoner of war when the Armed Forces of the United States were engaged in combat or their unremarried surviving spouse may be issued the speshycial license plate provided for in this subsection upon payment of the license tax imposed by s 32008
History-ss 1-3 ch s 6 ch 65-190 ss 24 35 ch 69-106 s 1 ch 74-52 s 5 ch 77-68 s 18 77-357 s 5 ch 82-97 s 13 ch 83-218 s 35 ch 83-318 s 3 ch 84-108 s 1 ch 85-66 s 1 ch 92middotmiddot189 s 67 ch 93-120 s 59 ch 94-306 s 8 ch 95-282 s 23 ch 96-413
32013 Dealer license plates and alternative method of registration-
(1 )(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may upon payment of the license tax imposed by s 32008(11) secure one or more dealer license plates which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale or while being operated in connection with such dealers business but are not valid for use for hire
(b)1 Marine boat trailer dealers and manufacturers may upon payment of the license taxes imposed by s 32008(12) secure one or more dealer plates which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in conmiddot nection with such dealers business but are not valid for use for hire
2 It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state that is by an occupational license issued by the city or county not be changed The department shall not interpret this act to mean that it is empowered to license such dealers to do business An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates
(2) A dealer license plate may be replaced by the department upon submittal of an affidavit stating that the original has been actually destroyed or lost and payshyment of a fee of $2
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regshyular motor vehicle license plate therefor the dealer may upon sale thereof submit to the department a transfer fee of $450 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s 32008
Hlstory-ss 1 3 ch 9159 1923 CGL 1313 1315 s 1 ch 24186 1947 s 1 ch 63-173 s 6 ch 65-190 s 1 ch 65-461 ss 24 35 ch 69-106 s 5 ch 72-79 ss 1 3 ch 76-135 s 1 ch 76-137 s 3 ch 77-125 s 1 ch 77-174 s 20 ch 77-357 s 128 ch 79-400 s 37 ch 83-318 s 5 ch 84-155 s 29 ch 95-143 s 358 ch 95-148 s 40 ch 96-413
320131 Temporary tags-(1) The department is authorized and empowered to
design issue and regulate the use of temporary tags to be designated temporary tags for use in the following cases
(a) Where a dealer license plate may not be lawfully used
(b) For a casual or private sale including the sale of a marine boat trailer by a marine boat trailer dealer A casual or private sale means any sale other than that by a licensed dealer
(c) For certified common carriers or driveaway comshypanies who transport motor vehicles mobile homes or recreational vehicles from one place to another for pershysons other than themselves
(d) For banks credit unions and other financial instimiddot tutions which are not required to be licensed under the provisions of s 32027 s 32077 ors 320771 but need temporary tags for the purpose of demonstrating reposshysessions for sale
983
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320131 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32020
(e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the provisions of s 32038
(f) Where a motor vehicle is required to be weighed prior to registration
(g) Where an out-of-state resident subject to regisshytration in this state must secure ownership documentashytion from the home state
(h) For a rental car company which possesses a motor vehicle dealer license and which may use temposhyrary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department However the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee
(i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags the department may do so
U) In any case where a permanent license plate can not legally be issued to an applicant and a temporary license plate is not specifically authorized under the proshyvisions of this section the department shall have the disshycretion to issue temporary license plates to applicants demonstrating a need for such temporary use
(k) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles
Further the department is authorized to disallow the purchase of temporary tags by licensed dealers comshymon carriers or financial institutions in those cases where abuse has occurred
(2) The department is authorized to sell temporary tags in addition to those listed above to their agents and where need is demonstrated by a consumer comshyplainant The fee shall be $2 each One dollar from each tag sold shall be deposited into the 11mpaired Drivers and Speeders Trust Fund with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund Agents of the department shall sell temposhyrary tags for $2 each and shall charge the service charge authorized by s 32004 per transaction regardless of the quantity sold Requests for purchase of temporary tags to the department or its agents shall be made where applicable on letterhead stationery and notashyrized A temporary tag shall be valid for 30 days and no more than two shall be issued to the same person for the same vehicle
(3) For the purpose of requiring proof of personal injury protection or liability insurance the issuance of a temporary tag by a licensed motor vehicle dealer does not constitute registration of the vehicle However prior to the expiration of the first temporary tag issued to any person by a motor vehicle dealer proof of personal injury protection or liability insurance shall be accomplished
(4) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 in
addition to other administrative action by the departshyment
Hlstory-ss 1-4 ch 59-348 s 1 ch 61-150 s 6 ch 65-190 ss 24 35 ch 69-106 s 195 ch 71-136 s 1 ch 72-46 s 10 ch 75-66 s 1 ch 77-174 s 1 ch 78-217 s 4 ch 78-225 s 1 ch 80-217 s 3 ch 82-97 s 25 ch 82-134 s 38 ch 83-318 s 3 ch 85-176 s 1 ch 87-401 s 1 ch 88-395 s 9 ch 90-329 s 79 ch 93-120 s 2 ch 94-142 s 12 ch 94-314 s 74 ch 94-353 s 23 ch 95-333 s 41 ch 96-413
1Note-Redesignated as the Brain and Spinal Cord Injury Rehabilitation Trust Fund by s 38 ch 94-324
32018 Withholding registration-(1) The department may withhold the registration of
any motor vehicle or mobile home the owner of which has failed to register it under the provisions of law for any previous period or periods for which it appears regshyistration should have been made in this state until the tax for such period or periods is paid The department may cancel any license plate or fuel-use tax decal if the owner pays for the license plate fuel-use tax decal or any tax liability penalty or interest specified in chapter 207 by a dishonored check The Department of Transshyportation and the Department of Highway Safety and Motor Vehicles may impound any commercial motor vehicle that has a canceled license plate or fuel-use tax decal until the tax liability penalty and interest specishyfied in chapter 207 the license tax or the fuel-use decal fee and applicable administrative fees have been paid for by certified funds
(2) An owner of a motor vehicle is exempt from the payment of a license tax for any previous period or perishyods for which registration should have been made upon presentation to the department by the owner of a notashyrized or certified affidavit stating that such motor vehicle was continuously maintained in dead storage and was not operated at any time during the registration period or periods for which the exemption is being claimed
(3) In the case of repossession a mobile home is exempt from registration when the dwelling is not transshyferred or titled for occupancy
Hlstory-s 6 ch 7275 1917 s 1 ch 7737 1918 AGS 1011 s 5 ch 8410 1921 s 3 ch 10182 1925 CGL 1285 s 3 ch 15625 1931 s 3 ch 16085 1933 s 6 ch 65-190 ss 24 35 ch 69-106 s 6 ch 69-178 s 1 ch 78-216 s 42 ch 83-318 s 63 ch 94-306 s 915 ch 95-148 s 42 ch 96-413
32020 Disposition of license tax moneys-The revenue derived from the registration of motor vehicles including any delinquent fees and excluding those reveshynues collected and distributed under the provisions of s 320081 must be distributed monthly as collected as follows
(1) The first proceeds to the extent necessary to comply with the provisions of s 18 Art XII of the State Constitution of 1885 as adopted bys 9(d) Art XII 1968 revised constitution and the additional provisions of s 9(d) and s 236602 must be deposited in the district Capital Outlay and Debt Service School Trust Fund
(2) Twenty-five million dollars per year of such reveshynues must be deposited in the State Transportation Trust Fund with priority use assigned to completion of the interstate highway system However any excess funds may be utilized for general transportation purshyposes consistent with the Department of Transportashytions legislatively approved objectives Prior to such utishylization the departments comptroller shall certify that adequate funds are available to assure expeditious 1completion of the interstate highway system and to award all such contracts by 1990
984
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32020 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) Notwithstanding any other provision of law except subsections ( 1) and (2) on July 1 1996 and annually thereafter $15 million shall be deposited in the State Transportation Trust Fund solely for the purposes of funding the Florida Seaport Transportation and Ecoshynomic Development Program as provided for in chapter 311 Such revenues shall be distributed on a 50-50 matching basis to any port listed in s 31109(1) to be used for funding projects as described ins 31107(3)(b) Such revenues may be assigned pledged or set aside as a trust for the payment of principal or interest on bonds tax anticipation certificates or any other form of indebtedness issued by an individual port or appropriate local government having jurisdiction thereof or collecshytively by interlocal agreement among any of the ports or used to purchase credit support to permit such borshyrowings However such debt shall not constitute a genshyeral obligation of the State of Florida The state does hereby covenant with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal or impair or amend in any manner which will materially and adversely affect the rights of such holders so long as bonds authorized by this secshytion are outstanding Any revenues which are not pledged to the repayment of bonds as authorized by this section may be utilized for purposes authorized under the Florida Seaport Transportation and Economic Development Program This revenue source is in addimiddot tion to any amounts provided for and appropriated in accordance with s 31107 The Florida Seaport Transshyportation and Economic Development Council shall approve distribution of funds to ports for projects which have been approved pursuant to s 31109(5)-(9) The council and the Department of Transportation are authorized to perform such acts as are required to facilishytate and implement the provisions of this subsection To better enable the ports to cooperate to their mutual advantage the governing body of each port may exershycise powers provided to municipalities or counties in s 16301(7)(d) subject to the provisions of chapter 311 and special acts if any pertaining to a port The use of funds provided pursuant to this subsection are limited to eligishyble projects listed in this subsection Income derived from a project completed with the use of program funds beyond operating costs and debt service shall be restricted to further port capital improvements consistshyent with maritime purposes and for no other purpose Use of such income for nonmaritime purposes is prohibshyited The provisions of s 31107(4) do not apply to any funds received pursuant to this subsection
(4)(a) Except as provided in paragraph (c) the remainder of such revenues must be deposited in the State Transportation Trust Fund
(b) Beginning July 1 1989 the State Comptroller each month shall deposit in the State Transportation Trust Fund an amount drawn from other funds in the State Treasury which are not immediately needed or are otherwise in excess of the amount necessary to meet the requirements of the State Treasury which when added to such remaining revenues each month will equal one-twelfth of the amount of the anticipated annual revenues to be deposited in the State Transporshytation Trust Fund under paragraph (a) as estimated by
the most recent revenue estimating conference held pursuant to s 216136(3) The transfers required hereunshyder may be suspended by action of the Administration Commission in the event of a significant shortfall of state revenues
(c) In any month in which the remaining revenues derived from the registration of motor vehicles exceed one-twelfth of those anticipated annual remaining reveshynues as determined by the revenue estimating confershyence the excess shall be credited to those state funds in the State Treasury from which the amount was origishynally drawn up to the amount which was deposited in the State Transportation Trust Fund under paragraph (b) A final adjustment must be made in the last months of a fiscal year so that the total revenue deposited in the State Transportation Trust Fund each year equals the amount derived from the registration of motor vehicles less the amount distributed under subsection (1 ) For the purposes of this paragraph and paragraph (b) the term remaining revenues means all revenues deposshyited into the State Transportation Trust Fund under parashygraph (a) and subsections (2) and (3) In order that intershyest earnings continue to accrue to the General Revenue Fund the Department of Transportation may not invest an amount equal to the cumulative amount of funds deposited in the State Transportation Trust Fund under paragraph (b) less funds credited under this paragraph as computed on a monthly basis The amounts to be credited under this and the preceding paragraph must be calculated and certified to the Comptroller by the Executive Office of the Governor
History-s ch 7275 1917 RGS 1031 s 12 ch 8410 1921 CGL 1304 s 4 ch 15625 s 44 ch 26869 1951 s 1 ch 65-514 s 31 ch 69-216 s 1 ch 69-300 s 1 ch 77-416 s 1 ch 81-222 s 53 ch 83-3 s 14 ch 83-138 s 44 ch 83-318 s 7 ch 85-81 s 68 ch 85-180 s 20 ch 89-301 ss 61 62 ch 90-136 s 30 ch 95-143 s 136 ch 96-320
bullNote-Section 136 ch 96-320 purported to amend s 32020 but did not set out in full the text of subsection (2) to include the language completion of the intershystate highway system and to award all such contracts by 1990 Absent affirmative evidence that the Legislature intended to repeal this language it is set out in full here pending clarification by the Legislature
32027 Motor vehicle dealers-(1) DEFINITIONS-The following words terms and
phrases when used in this section have the meanings respectively ascribed to them in this subsection except where the context clearly indicates a different meaning
(a) Department means the Department of Highway Safety and Motor Vehicles
(b) Motor vehicle means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter except a recreational vehimiddot cle moped motorcycle powered by a motor with a disshyplacement of 50 cubic centimeters or less or mobile home
(c) Motor vehicle dealer means any person engaged in the business of buying selling or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail or who may service and repair motor vehicles pursuant to an agreement as defined in s 32060(1 ) Any person who buys sells or deals in three or more motor vehicles in any 12-month period or who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business The terms selling and sale include lease-purchase trans-
985
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
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s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
actions A motor vehicle dealer may at retail or wholeshysale sell a recreational vehicle as described in s 32001(1)(b)1 through 6 and 8 acquired in exchange for the sale of a motor vehicle provided such acquisition is incidental to the principal business of being a motor vehicle dealer However a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s 320771 A motor vehicle dealer may apply for acershytificate of title to a motor vehicle required to be regisshytered under s 32008(2)(b) (c) and (d) using a manushyfacturers statement of origin as permitted by s 31923(1 ) only if such dealer is authorized by a franshychised agreement as defined ins 32060(1) to buy sell or deal in such vehicle and is authorized by such agreeshyment to perform delivery and preparation obligations and warranty defect adjustments on the motor vehicle provided this limitation shall not apply to recreational vehicles van conversions or any other motor vehicle manufactured on a truck chassis The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle The classifications of motor vehicle dealers are defined as follows
1 Franchised motor vehicle dealer means any person who engages in the business of repairing servicing buying selling or dealing in motor vehicles pursuant to an agreement as defined in s 32060(1 )
2 Independent motor vehicle dealer means any person other than a franchised or wholesale motor vehishycle dealer who engages in the business of buying sellshying or dealing in motor vehicles and who may service and repair motor vehicles
3 Wholesale motor vehicle dealer means any pershyson who engages exclusively in the business of buying selling or dealing in motor vehicles at wholesale or with motor vehicle auctions Such person shall be licensed to do business in this state shall not sell or auction a vehicle to any person who is not a licensed dealer and shall not have the privilege of the use of dealer license plates Any person who buys sells or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer In such cases it shall be prima facie presumed that a bona fide employer-employee relationship exists A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected
4 Motor vehicle auction means any person offershying motor vehicles or recreational vehicles for sale to the highest bidder where both sellers and buyers are licensed motor vehicle dealers Such person shall not sell a vehicle to anyone other than a licensed motor vehishycle dealer
5 Salvage motor vehicle dealer means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts
The term motor vehicle dealer does not include pershysons not engaged in the purchase or sale of motor vehi-
cles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law persons engaged in the business of manufacturing sellshying or offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period public offishycers while performing their official duties receivers trustees administrators executors guardians or other persons appointed by or acting under the judgment or order of any court banks finance companies or other loan agencies that acquire motor vehicles as an incident to their regular business motor vehicle brokers and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section Vehicles owned under circumstances described in this paragraph may be disposed of at retail wholesale or auction unless otherwise restricted A manufacturer of fire trucks ambulances or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or proshyvide firefighting ambulance or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks ambulances school buses or similar vehicles are not presently available through motor vehicle dealshyers licensed by the department
(d) Motor vehicle broker means any person engaged in the business of offering to procure or procurshying motor vehicles for the general public or who holds himself or herself out through solicitation advertiseshyment or otherwise as one who offers to procure or proshycures motor vehicles for the general public and who does not store display or take ownership of any vehishycles for the purpose of selling such vehicles
(e) Person means any natural person firm partnershyship association or corporation
(2) LICENSE REOUIRED-No person shall engage in business as serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as proshyvided in this section With the exception of transactions with motor vehicle auctions no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding court order settlement of an estate or by operation of law However owners of motor vehicles titled in their names may advertise and offer vehicles for sale on their own behalf It shall be unlawful for a licensed motor vehicle dealer to allow any person other than a bona fide employee to use 1the motor vehicle dealer license for the purpose of actshying in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer Any person sellshying or offering a motor vehicle for sale in violation of the licensing requirements of this subsection or who misshyrepresents to any person its relationship with any manushyfacturer importer or distributor in addition to the penalshyties provided herein shall be deemed guilty of an unfair and deceptive trade practice as defined in part II of chapter 501 and shall be subject to the provisions of subsections (8) and (9)
986
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(3) APPLICATION AND FEE-The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor the name of the firm or copartnership with the names and places of residence of all members thereof if such applicant is a firm or copartnership the names and places of resishydence of the principal officers if the applicant is a body corporate or other artificial body the name of the state under whose laws the corporation is organized the present and former place or places of residence of the applicant and prior business in which the applicant has been engaged and the location thereof Such applicashytion shall describe the exact location of the place of busishyness and shall state whether the place of business is owned by the applicant and when acquired or if leased a true copy of the lease shall be attached to the applicashytion The applicant shall certify that the location provides an adequately equipped office and is not a residence that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale and that the location is a suitable place where the applicant can in good faith carry on such business and keep and mainshytain books records and files necessary to conduct such business which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees The applicant shall certify that the business of a motor vehicle dealer is the principal busishyness which shall be conducted at that location Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles in which case the name of each motor vehicle that the applicant is franchised to sell shall be included or an independent (nonfranchised) motor vehicle dealer Such application shall contain such other relevant information as may be required by the department including evishydence that the applicant is insured under a garage liabilshyity insurance policy which shall include at a minimum $25000 combined single-limit liability coverage includshying bodily injury and property damage protection and $10000 personal injury protection Such policy shall be for the license period and evidence of a new or continshyued policy shall be delivered to the department at the beginning of each license period Upon making such inishytial application the person applying therefor shall pay to the department a fee of $300 in addition to any other fees now required by law upon making a subsequent renewal application the person applying therefor shall pay to the department a fee of $75 in addition to any other fees now required by law Upon making an applishycation for a change of location the person shall pay a fee of $50 in addition to any other fees now required by law The department shall in the case of every applicashytion for initial licensure verify whether certain facts set forth in the application are true Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any out-
standing warrants The department shall submit the finshygerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an applishycant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
(4) LICENSE CERTIFICATE-(a) A license certificate shall be issued by the
department in accordance with such application when the application is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The actual cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure Such license when so issued entitles the licensee to carry on and conduct the business of a motor vehicle dealer Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked or suspended prior to that date Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date Not less than 60 days prior to the license expiration date the department shall deliver or mail to each licensee the necessary renewal forms Any licensee who does not file his or her applicashytion and fees and any other requisite documents as required by law with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expishyration date A renewal filed with the department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 Thereafter a new applicashytion is required accompanied by the initial license fee A license certificate duly issued by the department may be modified by endorsement to show a change in the name of the licensee provided as shown by affidavit of the licensee the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreeshyment has not changed Modification of a license certifishycate to show any name change as herein provided shall not require initial licensure or reissuance of dealer tags however any dealer obtaining a name change shall transact all business in and be properly identified by that name All documents relative to licensure shall reflect the new name In the case of a franchise dealer the name change shall be approved by the manufacturer distributor or importer A licensee applying for a name change endorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5) Each initial license application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department Such seminar
987
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
shall include but is not limited to statutory dealer requirements which requirements include required bookkeeping and recordkeeping procedures requireshyments for the collection of sales and use taxes and such other information that in the opinion of the department will promote good business practices No seminar may exceed 8 hours in length
(b) Each initial license application received by the department for licensure under subparagraph (1 )(c)2 must be accompanied by verification that within the preceding 6 months the applicant (owner partner offishycer of the corporation or director) has successfully comshypleted training conducted by a licensed motor vehicle dealer training school Such training must include trainshying in titling and registration of motor vehicles laws relating to unfair and deceptive trade practices laws relating to financing with regard to buy-here pay-here operations and such other information that in the opinshyion of the department will promote good business pracshytices Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school Any applicant who had held a valid motor vehicle dealers license within the past 2 years and who remains in good standshying with the department is exempt from the requireshyments of this paragraph In the case of nonresident applicants the requirement to attend such training shall be placed on any employee of the licensee who holds a responsible management-level position and who is employed full-time at the motor vehicle dealership The department shall have the authority to adopt any rule necessary for establishing the training curriculum length of training which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies instructor qualifications and any other requirements under this section The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters however the overall administration of the licensing of these dealer schools and their instrucshytors shall remain with the department Such schools are authorized to charge a fee This privatized method for training applicants for dealer licensing pursuant to subparagraph (1)(c)2 is a pilot program that shall be evaluated by the department after it has been in operashytion for a period of 2 years
(5) SUPPLEMENTAL LICENSE-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of busishyness not contiguous to the premises for which the origishynal license is issued on a form to be furnished by the department and upon payment of a fee of $50 for each such additional location Upon making renewal applicashytions for such supplemental licenses such applicant shall pay $50 for each additional location
(6) RECORDS TO BE KEPT BY LICENSEE-Every licensee shall keep a book or record in such form as shall be prescribed or approved by the department in which the licensee shall keep a record of the purchase sale or exchange or receipt for the purpose of sale of any motor vehicle the date upon which any temporary tag
was issued the date of title transfer and a description of such motor vehicle together with the name and address of the seller the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered as the case may be Such description shall include the identification or engine number makers number if any chassis number if any and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated defaced or changed if such is the fact
(7) CERTIFICATE OF TITLE REQUIRED-For each used motor vehicle in the possession of a licensee and offered for sale by him or her the licensee either shall have in his or her possession a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possesshysion or shall have made proper application for a certifishycate of title or duplicate certificate of title in accordance with the provisions of chapter 319 A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection
(8) PENALTY-Any person found guilty of violating any of the provisions of this section is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083
(9) DENIAL SUSPENSION OR REVOCATIONshyThe department may deny suspend or revoke any license issued hereunder or under the provisions of s 32077 or s 320771 upon proof that a licensee has failed to comply with any of the following provisions with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee
(a) Willful violation of any other law of this state including chapter 319 this chapter or ss 559901-5599221 which has to do with dealing in or repairing motor vehicles or mobile homes or willful failure to comshyply with any administrative rule promulgated by the department
(b) Commission of fraud or willful misrepresentation in application for or in obtaining a license
(c) Perpetration of a fraud upon any person as a result of dealing in motor vehicles including without limshyitation the misrepresentation to any person by the licensee of the licensees relationship to any manufacshyturer importer or distributor
(d) Representation that a demonstrator is a new motor vehicle or the attempt to sell or the sale of a demshyonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator For the purposes of this section a demonstrator a new motor vehicle and a used motor vehicle shall be defined as under s 32060
(e) Unjustifiable refusal to comply with a licensees responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer distribushytor or importer However if such refusal is at the direcshytion of the manufacturer distributor or importer such refusal shall not be a ground under this section
988
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32027
(f) Misrepresentation or false deceptive or misshyleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has or causes to have advertised printed displayed pubshylished distributed broadcast televised or made in any manner with regard to the sale or financing of motor vehicles
(g) Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser
(h) Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company
(i) Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser
U) Failure of any motor vehicle dealer to comply with the terms of any bona fide written executed agreement pursuant to the sale of a motor vehicle
(k) Requirement by the motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance
(I) Violation of any of the provisions of s 31935 by any motor vehicle dealer
(m) Either a history of bad credit or an unfavorable credit rating as revealed by the applicants official credit report or by investigation by the department
(n) Failure to disclose damage to a new motor vehishycle as defined in s 32060(10) of which the dealer had actual knowledge if the dealers actual cost of repair excluding tires bumpers and glass exceeds 3 percent of the manufacturers suggested retail price provided however if only the application of exterior paint is involved disclosure shall be made if such touch-up paint application exceeds $100
(o) Failure to apply for transfer of a title as preshyscribed ih s 31923(6)
(p) Use of the dealer license identification number by any person other than the licensed dealer or his or her designee
(q) Conviction of a felony (r) Failure to continually meet the requirements of
the licensure law (s) When a motor vehicle dealer is convicted of a
crime which results in his or her being prohibited from continuing in that capacity the dealer may not continue in any capacity within the industry The offender shall have no financial interest management sales or other role in the operation of a dealership Further the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business
(t) Representation to a customer or any advertiseshyment to the general public representing or suggesting that a motor vehicle is a new motor vehicle if such vehishycle lawfully cannot be titled in the name of the customer or other member of the general public by the seller using a manufacturers statement of origin as permitted in s 31923(1)
(u) Failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notishyfication that the bank draft or check has been dishonshyored A single violation of this paragraph is sufficient for revocation or suspension If the transaction is disputed the maker of the bank draft or check shall post a bond in accordance with the provisions of s 559917 and no proceeding for revocation or suspension shall be comshymenced until the dispute is resolved
(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED-
(a) Annually before any license shall be issued to a motor vehicle dealer the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit executed by the applicant-dealer as principal in the sum of $25000
(b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the proshyvisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transshyaction who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapshyter it shall notify the person in writing of the existence of the bond or letter of credit Such bonds and letters of credit shall be for the license period and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond or in the case of a letter of credit the aggreshygate liability of the issuing bank shall not exceed the sum of the credit
(c) Surety bonds shall be executed by a surety comshypany authorized to do business in the state as surety and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank
(d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section
(e) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee or bank issuing an irrevocable letter of credit for the licensee in writing that the license has been denied suspended or revoked and shall state the reason for such denial suspension or revocation
(f) Any surety company which pays any claim against the bond of any licensee or any bank which honshyors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment
g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable
989
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 32027 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
letter of credit shall notify the department in writing of such cancellation giving reason for the cancellation
(11) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and such circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction or both restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunshyder from violating or continuing to violate any of the proshyvisions of chapter 319 this chapter or ss 559901-5599221 or for failing or refusing to comply with the requirements of chapter 319 this chapter or ss 559901-5599221 or any rule or regulation adopted thereunder such injunction to be issued without bond A single act in violation of the provisions of chapter 319 this chapter or chapter 559 shall be sufficient to authoshyrize the issuance of an injunction
(12) CIVIL FINES PROCEDURE-ln addition to the exercise of other powers provided in this section the department may levy and collect a civil fine in an amount not to exceed $1000 for each violation against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state related to dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapshyter 120 if the licensee contests the fine levied or about to be levied upon him or her
(13) DEPOSIT AND USE OF FEES-The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service
(14) EXEMPTION-The provisions of this section do not apply to persons who sell or deliver motorized disshyability access vehicles as defined in s 32001
History-s 11 ch 9157 1923 CGL 1060 7452 SS 1 2 ch 23660 1947 SS 10 11 ch 28186 1953 s 1 ch 57-404 s 1 ch 59-238 ss 1 2 ch 63-349 s 6 ch 65-190 s 1 ch 65-235 s 1 ch 67-93 ss 24 35 ch 69-106 s 1 ch 70-424 s 1 ch 70-439 s 200 ch 71-136 s 94 ch 71-377 s 1 ch 75-203 s 3 ch 76-168 S 21 ch 77-357 S 1 ch 77-457 S 20 ch 78-95 S 2 ch 78-183 SS 2 15 17 ch 80-217 SS 2 3 ch 81-318 S 3 ch 82-129 S 24 ch 82-134 S 16 ch 83-218 s 7 ch 84-155 s 4 ch 85-176 ss 8 9 ch 86-185 s 22 ch 86-243 s 14 ch 87-161 SS 2 20 21 ch 88-395 S 9 ch 89-333 S 3 ch 90-163 S 246 ch 91-224 s 4 ch 91-429 s 68 ch 93-120 s 16 ch 93-219 s 64 ch 94-306 S 916 ch 95-148 SS 18 24 65 ch 95-333 S 43 ch 96-413 Note-The word the was substituted for the word their by the editors
320699 Administrative hearings and adjudicashytions procedure-
( 1) A motor vehicle dealer or person with entitleshyments to or in a motor vehicle dealer who is directly and adversely affected by the action or conduct of an applishycant or licensee which is alleged to be in violation of any provision of ss 32060-32070 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by
(a) Filing with the department a request for a proshyceeding and an administrative hearing which conforms substantially with the requirements of ss 120569 and 12057 or
(b) Filing with the department a written objection or notice of protest pursuant to s 320642
(2) If a written objection or notice of protest is filed with the department under paragraph (1 )(b) a hearing shall be held within 180 days of the date of filing of the first objection or notice of protest unless the time is extended by the hearing officer for good cause shown If a hearing is not scheduled within said time any party may request such hearing which shall be held forthwith by the hearing officer
History-ss 17 22 ch 88-395 s 4 ch 91-429 s 66 ch 96-410
320771 License required of recreational vehicle dealers-
(1) DEFINITIONS-As used in this section (a) Dealer means any person engaged in the busishy
ness of buying selling or dealing in recreational vehishycles or offering or displaying recreational vehicles for sale The term dealer includes a recreational vehicle broker Any person who buys sells deals in or offers or displays for sale or who acts as the agent for the sale of one or more recreational vehicles in any 12-month period shall be prima facie presumed to be a dealer The terms selling and sale include lease-purchase transshyactions The term dealer does not include banks credit unions and finance companies that acquire recreational vehicles as an incident to their regular business and does not include mobile home rental and leasing compashynies that sell recreational vehicles to dealers licensed under this section A licensed dealer may transact busishyness in recreational vehicles with a motor vehicle aucshytion as defined in s 32027(1 )(c)4 Further a licensed dealer may at retail or wholesale sell a motor vehicle as described ins 32001 (1 )(a) acquired in exchange for the sale of a recreational vehicle if such acquisition is incidental to the principal business of being a recreshyational vehicle dealer However a recreational vehicle dealer may not buy a motor vehicle for the purpose of resale unless licensed as a motor vehicle dealer pursushyant to s 32027
(b) Recreational vehicle broker means any person who is engaged in the business of offering to procure or procuring used recreational vehicles for the general pubshylic who holds himself or herself out through solicitation advertisement or otherwise as one who offers to proshycure or procures used recreational vehicles for the genshyeral public or who acts as the agent or middleman on behalf of the owner or seller of a used recreational vehishycle which is for sale or who assists or represents the seller in finding a buyer for the recreational vehicle
(c) For the purposes of this section the term recreational vehicle does not include any camping trailer as defined in s 32001 (1 )(b)2
(2) LICENSE REOUIRED-No person shall engage in business as or serve in the capacity of a dealer in this state unless such person possesses a valid current license as provided in this section Motor vehicle dealers licensed under s 32027 shall not be required to obtain the license provided in this section to sell motor vehicles as defined ins 32001(1)(b)4 5 and 6
(3) APPLICATION-The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it The application shall be verified by oath or affirmation and shall contain
990
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
(a) A full statement of the name and the date of birth of the person or persons applying therefor
(b) The name of the firm or copartnership with the names and places of residence of all its members if the applicant is a firm or copartnership
(c) The names and places of residence of the princishypal officers if the applicant is a body corporate or other artificial body
(d) The name of the state under whose laws the corshyporation is organized
(e) The former place or places of residence of the applicant
(f) The prior businesses in which the applicant has been engaged the dates during which the applicant was engaged in such businesses and the locations thereof
(g) A description of the exact location of the place of business when it was acquired and whether it is owned in fee simple by the applicant If leased a true copy of the lease shall be attached to the application
(h) Certification by the applicant that the location is a permanent one not a tent or a temporary stand or other temporary quarters that the location affords suffishycient unoccupied space to store all recreational vehicles offered and displayed for sale and that the location is a suitable place in which the applicant can in good faith carry on business and keep and maintain books recshyords and files necessary to conduct such business which will be available at all reasonable hours to inspecshytion by the department or any of its inspectors or other employees
(i) Certification by the applicant that the business of a recreational vehicle dealer is the principal business which shall be conducted at that location however this provision shall not apply to recreational vehicle or mobile home park operators licensed as mobile home or recreshyational vehicle dealers
(j) A statement that the applicant is insured under a garage liability insurance policy which shall include at a minimum $25000 combined single-limit liability coverage including bodily injury and property damage protection and $10000 personal injury protection if the applicant is to be licensed as a dealer in or intends to sell recreational vehicles
(k) A statement that the applicant for a recreational vehicle license issued pursuant to this section has not and will not enter into any agreements written or oral with any other person or business entity which would constitute an unfair or deceptive trade practice in violashytion of part II of chapter 501
(I) Such other relevant information as may be required by the department Each applicant general partner in the case of a partnership or corporate officer and director in the case of a corporate applicant must file a set of fingerprints with the department for the purshypose of determining any prior criminal record or any outshystanding warrants The department shall submit the finshygerprinting to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing The actual cost of such state and federal processing shall be borne by the applicant and is to be in addition to the fee for licenshysure The department may issue a license to an appli-
991
cant pending the results of the fingerprint investigation which license is fully revocable if the department subseshyquently determines that any facts set forth in the applishycation are not true or correctly represented
The department shall if it deems necessary cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true
(4) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law The fee for renewal application shall be $100 The fee for applishycation for change of location shall be $25 Any applicant for renewal who has failed to submit his renewal applicashytion by October 1 shall pay a renewal application fee equal to the original application fee No fee is refundmiddot able All fees shall be deposited into the General Reveshynue Fund
(5) DENIAL OF LICENSE-The department may deny any applicant a license on the ground that
(a) The applicant has made a material misstatement in the application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of the applicants principals or agents has violated any law rule or regulashytion relating to the sale of recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(6) LICENSE CERTIFICATE-A license certificate shall be issued by the department in accordance with the application when the same is regular in form and in compliance with the provisions of this section The license certificate may be in the form of a document or a computerized card as determined by the department The cost of each original additional or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure The fees charged applicants for both the required background investigashytion and the computerized card as provided in this secshytion shall be deposited into the Highway Safety Operatshying Trust Fund The license when so issued shall entitle the licensee to carry on and conduct the business of a
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 320771
recreational vehicle dealer at the location set forth in the license for a period of 1 year from October 1 preceding the date of issuance Each initial application received by the department shall be accompanied by verification that within the preceding 6 months the applicant or one or more of his or her designated employees has attended a training and information seminar conducted by the department or by a public or private provider approved by the department Such seminar shall include but not be limited to statutory dealer requireshyments which requirements include required bookkeepshying and recording procedures requirements for the colshylection of sales and use taxes and such other informashytion that in the opinion of the department will promote good business practices
(7) SUPPLEMENTAL LICENSE-Any person licensed pursuant to this section shall be entitled to operate one or more additional places of business under a supplemental license for each such business if the ownership of each business is identical to that of the principal business for which the original license is issued Each supplemental license shall run concurshyrently with the original license and shall be issued upon application by the licensee on a form to be furnished by the department and payment of a fee of $50 for each such license Only one licensed dealer shall operate at the same place of business A supplemental license authorizing off-premises sales shall be issued at no charge to the dealer for a period not to exceed 10 conshysecutive calendar days
(8) LICENSE ENDORSEMENT-Any mobile home dealer licensed pursuant to s 32077 may apply to the department for authority to sell recreational vehicles The mobile home dealer shall file an application required by this section and shall be governed by the licensing provisions contained herein No additional license fees or bond shall be required for issuance of this endorseshyment to the mobile home dealers license
(9) RECORDS TO BE KEPT BY LICENSEE-Each licensee shall keep records in such form as shall be preshyscribed by the department Such records shall include
(a) A record of the purchase sale or exchange or receipt for the purpose of sale of any recreational vehishycle
(b) The description of each such recreational vehishycle including the identification or serial number and such other numbers or identification marks as may be thereon and a statement that a number has been oblitshyerated defaced or changed if such fact is apparent
(c) The name and address of the seller the purshychaser and the alleged owner or other person from whom the recreational vehicle was purchased or received and the person to whom it was sold or delivshyered as the case may be
(10) EVIDENCE OF TITLE REQUIRED-The licensee shall also have in his or her possession for each new recshyreational vehicle a manufacturers invoice or statement of origin and for each used recreational vehicle a propshyerly assigned certificate of title or registration certificate if the used recreational vehicle was previously regisshytered in a nontitle state from the time the recreational vehicle is delivered to the licensee until it has been disshyposed of by the licensee
(11) SETUP OPERATIONS-Each licensee may pershyform setup operations only as defined in s 320822 and the department shall provide by rule for the uniform application of all existing statutory provisions relating to licensing and setup operations
(12) PENAL TY-The violation of any provision of this section is a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083
(13) INJUNCTION-ln addition to the remedies proshyvided in this chapter and notwithstanding the existence of any adequate remedy at law the department is authorized to make application to any circuit court of the state and the circuit court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from acting as a recreational vehicle dealer under the terms of this section who is not properly licensed or who violates or fails or refuses to comply with any of the provisions of chapter 319 and this chapter or any rule or regulation adopted thereunder Such injunction shall be issued without bond A single act in violation of the provisions of chapter 319 or this chapter shall be sufficient to authorize the issuance of an injunction
(14) SUSPENSION OR REVOCATION-The departshyment shall as it deems necessary either suspend or revoke any license issued hereunder upon a finding that the licensee violated any provision of this section or of any other law of this state having to do with dealing in recreational vehicles or perpetrated a fraud upon any person as a result of such dealing in recreational vehishycles
(15) ADMINISTRATIVE FINES-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process fines in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
(16) BOND-(a) Before any license shall be issued or renewed
the applicant shall deliver to the department a good and sufficient surety bond executed by the applicant as principal and by a surety company qualified to do busishyness in the state as surety The bond shall be in a form to be approved by the department and shall be condishytioned upon the dealers complying with the conditions of any written contract made by that dealer in connecshytion with the sate exchange or improvement of any recshyreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed The bond shall be to the department and in favor of any retail cusshytomer who shall suffer any loss as a result of any violashytion of the conditions hereinabove contained The bond shall be for the license period and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period However the aggregate liability of the surety in any one license year shall in no event exceed the sum of such
992
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 320771 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208225
bond The amount of the bond required shall be as folshylows
1 A single dealer who buys sells or deals in recreshyational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10000
2 A single dealer who buys sells or deals in recreshyational vehicles and who has more than four supplemenshytal licenses shall provide a surety bond in the amount of $20000
For the purposes of this paragraph any person who buys sells or deals in both mobile homes and recreshyational vehicles shall provide the same surety bond required of dealers who buy sell or deal in mobile homes only
(b) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(c) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(d) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
History-s 20 ch 95--333 s 44 ch 96-413
3208225 Mobile home and recreational vehicle manufacturers license-
(1) LICENSE REQUIRED-Any person who engages in the business of a mobile home or recreshyational vehicle manufacturer in this state or who manushyfactures mobile homes or recreational vehicles out of state which are ultimately offered for sale in this state shall obtain annually a license for each factory location in this state and for each factory location out of state which manufactures mobile homes or recreational vehishycles for sale in this state prior to distributing mobile homes or recreational vehicles for sale in this state
(2) APPLICATION-The application for a license shall be in the form prescribed by the department and shall contain sufficient information to disclose the idenshytity location and responsibility of the applicant The application shall also include a copy of the warranty and a complete statement of any service agreement or polshyicy to be utilized by the applicant any information relatshying to the applicants solvency and financial standing and any other pertinent matter commensurate with safeshyguarding the public The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursushyant to this section The application for renewal shall include any information necessary to bring current the information required in the initial application
(3) FEES-Upon making initial application the applicant shall pay to the department a fee of $300 Upon making renewal application the applicant shall pay to the department a fee of $100 Any applicant for renewal who has failed to submit his or her renewal application by October 1 shall pay a renewal application
fee equal to the original application fee No fee is refundshyable All fees shall be deposited into the General Reveshynue Fund
(4) NONRESIDENT-Any person applying for a license who is not a resident of this state shall have desshyignated an agent for service of process pursuant to s 48181
(5) REQUIREMENT OF ASSURANCE-(a) Annually prior to the receipt of a license to manushy
facture mobile homes the applicant or licensee shall submit a surety bond cash bond or letter of credit from a financial institution or a proper continuation certifishycate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond cash bond or letter of credit shall be $50000 Only one surety bond cash bond or letter of credit shall be required for each manufacturer regardshyless of the number of factory locations The surety bond cash bond or letter of credit shall be to the department in favor of any retail customer who shall suffer loss arisshying out of noncompliance with code standards or failure to honor or provide warranty service The department shall have the right to disapprove any bond or letter of credit that does not provide assurance as provided in this section
(b) Annually prior to the receipt of a license to manushyfacture recreational vehicles the applicant or licensee shall submit a surety bond or a proper continuation cershytificate sufficient to assure satisfaction of claims against the licensee for failure to comply with appropriate code standards failure to provide warranty service or violashytion of any provisions of this section The amount of the surety bond shall be $10000 per year The surety bond shall be to the department in favor of any retail cusshytomer who shall suffer loss arising out of noncompliance with code standards or failure to honor or provide warshyranty service The department shall have the right to disshyapprove any bond which does not provide assurance as provided in this section
(c) The department shall adopt rules pursuant to chapter 120 consistent with this section in providing assurance of satisfaction of claims
(d) The department shall upon denial suspension or revocation of any license notify the surety company of the licensee in writing that the license has been denied suspended or revoked and shall state the reashyson for such denial suspension or revocation
(e) Any surety company which pays any claim against the bond of any licensee shall notify the departshyment in writing that it has paid such a claim and shall state the amount of the claim
(f) Any surety company which cancels the bond of any licensee shall notify the department in writing of such cancellation giving reason for the cancellation
(6) LICENSE YEAR-A license issued to a mobile home or recreational vehicle manufacturer entitles the licensee to conduct the business of a mobile home or recreational vehicle manufacturer for a period of 1 year from October 1 preceding the date of issuance
() DENIAL OF LICENSE-The department may deny a mobile home or recreational vehicle manufacturshyers license on the ground that
993
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3208225 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
(a) The applicant has made a material misstatement in his or her application for a license
(b) The applicant has failed to comply with any applishycable provision of this chapter
(c) The applicant has failed to provide warranty sershyvice
(d) The applicant or one or more of his or her princishypals or agents has violated any law rule or regulation relating to the manufacture or sale of mobile homes or recreational vehicles
(e) The department has proof of unfitness of the applicant
(f) The applicant or licensee has engaged in previshyous conduct in any state which would have been a ground for revocation or suspension of a license in this state
(g) The applicant or licensee has violated any of the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 or any rule or regulashytion of the Department of Housing and Urban Developshyment promulgated thereunder
Upon denial of a license the department shall notify the applicant within 10 days stating in writing its grounds for denial The applicant is entitled to a public hearing and may request that such hearing be held within 45 days of denial of the license All proceedings shall be pursuant to chapter 120
(8) REVOCATION OR SUSPENSION OF LICENSE The department shall suspend or in the case of a subseshyquent offense shall revoke any license upon a finding that the licensee violated any provision of this chapter or any other law of this state regarding the manufacture warranty or sale of mobile homes or recreational vehishycles When any license has been revoked or suspended by the department it may be reinstated if the departshyment finds that the former licensee has complied with all applicable requirements of this chapter and an applishycation for a license is refiled pursuant to this section
(9) CIVIL PENALTIES PROCEDURE-ln addition to the exercise of other powers provided in this section the department is authorized to assess impose levy and collect by legal process a civil penalty in an amount not to exceed $1000 for each violation against any licensee if it finds that a licensee has violated any provision of this section or has violated any other law of this state having to do with dealing in motor vehicles Any licensee shall be entitled to a hearing pursuant to chapter 120 should the licensee wish to contest the fine levied or about to be levied upon him or her
History-s 3 ch 74-169 s 4 ch 75-203 s 34 ch 77-357 s 20 ch 78-95 s 9 ch 80-217 s 2 ch 81-318 s 7 ch 85-176 s 43 ch 86--243 ss 19 20 ch 8H47 s 4 ch 91-429 s 377 ch 95-148 s 6 ch 96-394
3208231 Establishment of uniform standards for recreational vehicle-type units and park trailers-
( 1) Each recreational vehicle-type unit as defined in s 32001 (1 )(b) manufactured in this state or manufacshytured outside this state but sold or offered for sale in this state shall meet the Uniform Standards Code ANSI book A-1192 or A-1195 as applicable approved by the American National Standards Institute Such standards shall include but are not limited to standards for the installation of plumbing heating and electrical systems
and fire and life safety in recreational vehicle-type units and park trailers However those park trailers exceeding 400 square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label
(2) Trailer hitches or other trailer connecting devices manufactured sold or offered for sale in this state for use with any trailer governed by this section or for use in towing boats must conform to the certification standshyards in Vehicle Equipment Safety Commission Regulashytion V-5
History-s 6 ch 75-203 s 35 ch 77-357 s 2 ch 81-318 s 3 ch 84-182 s 10 ch 85-343 ss 19 20 ch 88-147 s 1 ch 90-78 s 4 ch 91--429 s 66 ch 94-306 s 1 ch 96-358
320824 Rules and regulations changes and modishyfications of standards-
( 1) The department may make such rules and regushylations as it shall deem necessary or proper for the effecshytive administration and enforcement of ss 320822-32090 and may adopt and promulgate any changes in or additions to the standards adopted in s 320823 or s 3208231 which are approved and officially published by the institute or promulgated by the Department of Housing and Urban Development subsequent to the effective date of this act
(2) The department or its authorized agent may enter any place or establishment where mobile homes are manufactured sold or offered for sale for the purshypose of ascertaining whether the requirements of the code and the regulations adopted by the department have been met
History-s 5 ch 67-350 ss 24 35 ch 69-106 s 37 ch 77-357 s 67 ch 79-164 s 2 ch 81-318 ss 19 20 ch 88-147 s 4 ch 91--429 s 67 ch 94-306 s 2 ch 96-358
3208249 Mobile home installers license-(1) Any person who engages in mobile home instalshy
lation shall obtain a mobile home installers license from the Bureau of Mobile Home and Recreational Vehicle Construction of the Department of Highway Safety and Motor Vehicles pursuant to this section Said license shall be renewed annually and each licensee shall pay a fee of $150
(2) The Department of Highway Safety and Motor Vehicles shall issue a license as a mobile home installer to any person who applies to the department pays the appropriate application fee not to exceed $100 as set by department rule and complies with subsection (3)
(3) In order to obtain licensure as a mobile home installer the applicant must be at least 18 years old must hold a valid performance bond in an amount set by department rule not to exceed $5000 conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year must carry liability insurance in an amount determined by department rule not to exceed $100000 must comshyplete a minimum 8-hour training course approved by the department and must pass a department-approved examination designed to test the skills necessary to properly and competently perform mobile home installashytion and to ascertain that the applicant has adequate knowledge of federal state and local laws applicable to mobile home installation contracting The department
994
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 3208249
may charge an examination fee sufficient to defray the costs of developing or obtaining and providing the examination not to exceed $100 Any licensed dealer or licensed manufacturer who has subcontracted with an installer tor installation and who remedies any faulty installation performed by said installer shall have recourse against said installers performance bond
(4) Notwithstanding the provisions of subsection (3) any person who can show that he or she had been engaged in the business of mobile home installation on October 1 1996 shall be exempted until October 1 1997 from the requirement for completing training and for passing an examination in order to be licensed by the department as a mobile home installer and shall be licensed upon application provided he or she has comshyplied with all requirements of subsection (3) other than the training and examination requirements No person shall be licensed or remain licensed as a mobile home installer subsequent to October 1 1997 who has not taken and passed the department-approved mobile home installer examination
(5) A direct employee of a licensed mobile home installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile home installer The licensed mobile home installer is responsible tor supervising all such employees and for the proper and competent pershyformance of all employees working under his or her supervision
(6) Installation as used herein is synonymous with setup as defined ins 320822(14)
(7) No person shall (a) Falsely hold himself or herself or a business orgashy
nization out as a licensed mobile home installer (b) Falsely impersonate a licensed mobile home
installer ( c) Present as his or her own the mobile home installshy
ers license of another (d) Knowingly give false or forged evidence to the
department (e) Use or attempt to use a mobile home installers
license which has been suspended or revoked or (f) Engage in the business or act in the capacity of
a licensed mobile home installer or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a mobile home installer without being duly licensed
(8) Any unlicensed person who violates any of the provisions of subsection (7) is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083
(9) No licensed person nor licensed applicant shall (a) Obtain a mobile home installers license by fraud
or misrepresentation (b) Be convicted or found guilty of or enter a plea
of nolo contendere to regardless of adjudication a crime in any jurisdiction which directly relates to the practice of mobile home installation or the ability to pracshytice
(c) Violate any lawful order of the department ( d) Commit fraud or deceit in the practice of conshy
tracting (e) Commit incompetence or misconduct in the
practice of contracting
(f) Commit gross negligence repeated negligence or negligence resulting in a significant danger to life or property
(g) Commit violations of the installation standards for mobile homes or manufactured homes contained in rules 15C-10102 to 15C-10104 Florida Administrative Code
(10) Any licensed person or license applicant who vioshylates any provision of subsection (9) may have any of the following disciplinary penalties imposed by the departshyment
(a) License revocation (b) License suspension (c) A fine not to exceed $1000 per violation (d) A requirement to take and pass or retake and
pass the department-approved examination (e) Probation (f) Probation subject to such restriction of practice
as the department chooses to impose (g) A notice of noncompliance or (h) Refusal of licensure application (11) Licensed mobile home dealers and licensed
mobile home manufacturers are exempt from requireshyments to obtain a license as a mobile home installer and may perform mobile home installation Any licensed dealer or licensed manufacturer who does not subconshytract with a licensed installer and who performs his or her own installations either himself or herself or through direct employees shall have at least one employee who has completed an 8-hour installation training course as approved by the department Licensed mobile home dealers and mobile home manufacturers are subject to discipline against their license for violation of subsection (9)
(12) The regulation of manufactured home installers or mobile home installers is preempted to the state and no person may perform mobile home installation unless licensed pursuant to this section regardless of whether that person holds a local license
(13) No county municipality or other unit of local govshyernment may require additional licensing of a duly licensed installer who performs setup operations as defined in s 320822 However a county municipality or other unit of local government may require an installer to obtain a local occupational license which license shall not require for its issuance any conditions other than those required by this act and payment of the appropriate occupational license fee
(14) All installers dealers and manufacturers shall purchase installation decals from the Department of Highway Safety and Motor Vehicles for a tee not to exceed $10 per decal An installation decal shall be affixed to the manufactured home or mobile home prior to installation This decal shall denote the date of instalshylation the name of the installer and the number of the installers license or the dealer or manufacturer license number Such decal shall be positioned immediately next to the HUD decal
(15) In performing the installation installers shall not perform plumbing or electrical activities prohibited by department rules related to setup operations pursuant to s 320822
995
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
996
s 3208249 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s 32102
(16) Funds received by the department pursuant to this section shall be deposited in the Highway Safety Operating Trust Fund
(17) There are hereby appropriated five positions and $219295 from the Highway Safety Operating Trust Fund in the Department of Highway Safety and Motor Vehishycles to implement the provisions of this section
History- s 5 ch 96-394
3208256 Recreational vehicle inspection-( 1) In order to ensure the highest degree of quality
control in the construction of new recreational vehicles and to ensure the safe condition of used recreational vehicles each new or used recreational vehicle sold in the state shall be inspected by licensed recreational vehicle dealers offering such unit for sale
(2) The department shall determine a fee for the seal authorized under s 320827 which is sufficient to cover the cost of producing and issuing the seal Fees colshylected shall be deposited into the General Revenue Fund
Hilllory-s 11 ch 80-217 s 2 ch 81-318 ss 7 19 20 ch 88-1 47 s 3 ch 91 -42 s 4 ch 91-429 s 5 ch 96-358
1320827 Seal or label procedures for issuance certification requirements-No dealer shall sell or offer for sale in this state any new mobile home or recreshyational vehicle or used recreational vehicle manufacshytured after January 1 1968 unless the mobile home or recreational vehicle bears a seal or label and the certifishycation by the manufacturer or by the dealer in the case of a used recreational vehicle that the mobile home or recreational vehicle to which the seal is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local government ordinances or rules which govern conshystruction and no mobile home bearing the department insignia of approval shall be in any way modified except in compliance with this chapter Seals or labels may be issued by the department when applied for with an affishydavit certifying that the dealer or manufacturer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropriate code No mobile home or recshyreational vehicle may be manufactured in this state unless it bears a seal or label and certification that the mobile home or recreational vehicle meets or exceeds the code The seal or label for each mobile home or recshyreational vehicle shall be displayed in a manner to be prescribed by the department
History-s 8 ch 67-350 s 7 ch 75-203 s 40 ch 77-357 s 2 ch 81-318 s 11 ch 82-66 ss 19 20 ch 88-147 s 4 ch 91-429 s 3 ch 96-358
Note-Sect1on 3 ch 96-358 amended s 320827 effective July 1 1997 to read 320827 Label procedures lor issuance certification requirements - No
dealer shall sell or offer for sale in this state any new mobile home manufactured after January 1 1968 unless the mobile home bears a label and the cerlification by the manufacturer hat the mobile home to which the label is attached meets or exceeds the appropriate code Any mobile home bearing the insignia of approval pursuant to this section shall be deemed to comply with the requirements of all local governshyment ordinances or rules which govern construction and no mobile home bearing the department insignia of approval shall be in any way modified except in complimiddot ance with this chapter Labels may be issued by the department when applied for with an affidavit certifying that the dealer or manufacturer applying will not attach a label to any new mobile home 2or hat does not meet or exceed the appropriate code No mobile home may be manufactured in this state unless it bears a label and certification that the mobile home meets or exceeds the code The label for each mobile home shall be displayed in a manner to be prescribed by the department Note-The word or was apparently inadvertently retained when adjacent text
was stricken by s 3 ch 96- 358
1320830 Reciprocity-lf any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any interested person Any mobile home or recreational vehicle which bears a seal of any state which has been placed on the reciprocity list may not be required to bear the seal of this state A mobile home or recreational vehicle which does not bear the seal herein provided shall not be permitted to be manufactured or offered for sale by a manufacturer or dealer anywhere within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list
History-s 11 ch 67- 350 ss 24 35 ch 69- 106 s 8 ch 74-169 s 8 ch 75-203 s 2 ch 81- 318 ss 19 20 ch 88-147 s 4 ch 91-429 s 4 ch 96-358
Note-Section 4 ch 96-358 amended s 320830 effective July 1 1997 to read 320830 Reciprocity-lf any other state has codes for mobile homes at least
equal to those established by this chapter the department upon determining that such standards are being enforced by an independent inspection agency shall place the other state on a reciprocity list which list shall be available to any intermiddot ested person Any mobile home that bears a seal of any state which has been placed on he reciprocity list may not be required lo bear the seal of this state A mobile home that does not bear the label herein provided shall not be permitted to be manushyfactured or offered tor sale by a manufacturer or dealer anywhere within the geoshygraphical limits of this state unless the mobile home is designated for delivery into another state that has not adopted a code entitling the state to be placed on the reciprocity list
CHAPTER 321
HIGHWAY PATROL
32102 Powers and duties of department highway patrol
321245 Disposition of certain funds in the Highway Safety Operating Trust Fund
32102 Powers and duties of department highway patrol-The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehishycles shall also be the commander of the Florida Highway Patrol The said department shall set up and promulgate rules and regulations by which the personnel of the Florshyida Highway Patrol officers shall be examined employed trained located suspended reduced in rank discharged recruited paid and pensioned subshyject to civil service provisions hereafter set out The department may enter into contracts or agreements with or without competitive bidding or procurement to make available on a fair reasonable nonexclusive and nondiscriminatory basis property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 USC s 153(n) ors 332(d) and any telecommunicashytions company as defined in s 36402 when it is detershymined to be practical and feasible to make such propshyerty or other structures available The department may without adopting a rule charge a just reasonable and nondiscriminatory fee for placement of the facilities payshyable annually based on the fair market value of space used by comparable communications facilit ies in the
