319.14 Sale of motor vehicles registered or used as taxicabs, police vehicles, lease vehicles, rebuilt vehicles, nonconforming vehicles, custom vehicles, or street rod vehicles; conversion of low-speed vehicles.—
(1)(a) A person may not knowingly offer for sale, sell, or exchange any vehicle that has been licensed, registered, or used as a taxicab, police vehicle, or short-term-lease vehicle, or a vehicle that has been repurchased by a manufacturer pursuant to a settlement, determination, or decision under chapter 681, until the department has stamped in a conspicuous place on the certificate of title of the vehicle, or its duplicate, words stating the nature of the previous use of the vehicle or the title has been stamped “Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming vehicle. If the certificate of title or duplicate was not so stamped upon initial issuance thereof or if, subsequent to initial issuance of the title, the use of the vehicle is changed to a use requiring the notation provided for in this section, the owner or lienholder of the vehicle shall surrender the certificate of title or duplicate to the department prior to offering the vehicle for sale, and the department shall stamp the certificate or duplicate as required herein. When a vehicle has been repurchased by a manufacturer pursuant to a settlement, determination, or decision under chapter 681, the title shall be stamped “Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming vehicle.
(b) A person may not knowingly offer for sale, sell, or exchange a rebuilt vehicle until the department has stamped in a conspicuous place on the certificate of title for the vehicle words stating that the vehicle has been rebuilt or assembled from parts, or is a kit car, glider kit, replica, flood vehicle, custom vehicle, or street rod vehicle unless proper application for a certificate of title for a vehicle that is rebuilt or assembled from parts, or is a kit car, glider kit, replica, flood vehicle, custom vehicle, or street rod vehicle has been made to the department in accordance with this chapter and the department has conducted the physical examination of the vehicle to assure the identity of the vehicle and all major component parts, as defined in s. 319.30(1), which have been repaired or replaced. Thereafter, the department shall affix a decal to the vehicle, in the manner prescribed by the department, showing the vehicle to be rebuilt.
(c) As used in this section, the term:
1. “Police vehicle” means a motor vehicle owned or leased by the state or a county or municipality and used in law enforcement.
2.a. “Short-term-lease vehicle” means a motor vehicle leased without a driver and under a written agreement to one or more persons from time to time for a period of less than 12 months.
b. “Long-term-lease vehicle” means a motor vehicle leased without a driver and under a written agreement to one person for a period of 12 months or longer.
c. “Lease vehicle” includes both short-term-lease vehicles and long-term-lease vehicles.
3. “Rebuilt vehicle” means a motor vehicle or mobile home built from salvage or junk, as defined in s. 319.30(1).
4. “Assembled from parts” means a motor vehicle or mobile home assembled from parts or combined from parts of motor vehicles or mobile homes, new or used. “Assembled from parts” does not mean a motor vehicle defined as a “rebuilt vehicle” in subparagraph 3., which has been declared a total loss pursuant to s. 319.30.
5. “Kit car” means a motor vehicle assembled with a kit supplied by a manufacturer to rebuild a wrecked or outdated motor vehicle with a new body kit.
6. “Glider kit” means a vehicle assembled with a kit supplied by a manufacturer to rebuild a wrecked or outdated truck or truck tractor.
7. “Replica” means a complete new motor vehicle manufactured to look like an old vehicle.
8. “Flood vehicle” means a motor vehicle or mobile home that has been declared to be a total loss pursuant to s. 319.30(3)(a) resulting from damage caused by water.
9. “Nonconforming vehicle” means a motor vehicle which has been purchased by a manufacturer pursuant to a settlement, determination, or decision under chapter 681.
10. “Settlement” means an agreement entered into between a manufacturer and a consumer that occurs after a dispute is submitted to a program, or to an informal dispute settlement procedure established by a manufacturer, or is approved for arbitration before the Florida New Motor Vehicle Arbitration Board as defined in s. 681.102.
11. “Custom vehicle” means a motor vehicle that:
a. Is 25 years of age or older and of a model year after 1948 or was manufactured to resemble a vehicle that is 25 years of age or older and of a model year after 1948; and
b. Has been altered from the manufacturer’s original design or has a body constructed from nonoriginal materials.
The model year and year of manufacture that the body of a custom vehicle resembles is the model year and year of manufacture listed on the certificate of title, regardless of when the vehicle was actually manufactured.
12. “Street rod” means a motor vehicle that:
a. Is of a model year of 1948 or older or was manufactured after 1948 to resemble a vehicle of a model year of 1948 or older; and
b. Has been altered from the manufacturer’s original design or has a body constructed from nonoriginal materials.
The model year and year of manufacture that the body of a street rod resembles is the model year and year of manufacture listed on the certificate of title, regardless of when the vehicle was actually manufactured.
(2) A person may not knowingly sell, exchange, or transfer a vehicle referred to in subsection (1) without, before consummating the sale, exchange, or transfer, disclosing in writing to the purchaser, customer, or transferee the fact that the vehicle has previously been titled, registered, or used as a taxicab, police vehicle, or short-term-lease vehicle, is a vehicle that is rebuilt or assembled from parts, is a kit car, glider kit, replica, or flood vehicle, or is a nonconforming vehicle, custom vehicle, or street rod vehicle, as the case may be.
(3) Any person who, with intent to offer for sale or exchange any vehicle referred to in subsection (1), knowingly or intentionally advertises, publishes, disseminates, circulates, or places before the public in any communications medium, whether directly or indirectly, any offer to sell or exchange the vehicle shall clearly and precisely state in each such offer that the vehicle has previously been titled, registered, or used as a taxicab, police vehicle, or short-term-lease vehicle or that the vehicle or mobile home is a vehicle that is rebuilt or assembled from parts, is a kit car, glider kit, replica, or flood vehicle, or is a nonconforming vehicle, custom vehicle, or street rod vehicle, as the case may be. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) If a certificate of title, including a foreign certificate, is branded to reflect a condition or prior use of the titled vehicle, the brand must be noted on the registration certificate of the vehicle and such brand shall be carried forward on all subsequent certificates of title and registration certificates issued for the life of the vehicle.
(5) A person may not knowingly sell, exchange, or transfer a police vehicle without, before consummating the sale, exchange, or transfer, removing any police markings from the vehicle. For purposes of this subsection, the term “police markings” means decals, stickers, distinctive paint schemes, or other markings attached or applied to a police vehicle which identify the vehicle as a police vehicle.
(a) Law enforcement agencies, before consummating the sale, exchange, or transfer of a police vehicle, shall provide an official letter of notification to the purchaser, customer, or transferee confirming the fact that the vehicle has had the police markings removed.
(b) Sellers and auction houses, before consummating the sale, exchange, or transfer of a police vehicle, shall provide an official letter of notification to the purchaser, customer, or transferee confirming the fact that the vehicle has had the police markings removed.
(c)1. Sales, exchanges, or transfers of police vehicles between law enforcement agencies are exempt from the requirements of this subsection.
2. Sales, exchanges, or transfers of police vehicles to members of the general public for the purposes of collection or display are exempt from the requirements of this subsection. However, upon the sale, exchange, or transfer of a police vehicle for either of those purposes, the seller, exchanger, or transferor shall provide a notice to the purchaser, customer, or transferee in substantially the following form:
USE OF THIS VEHICLE FOR THE DELIBERATE IMPERSONATION OF A PUBLIC OFFICER OR EMPLOYEE IS A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN SECTION 843.0855, FLORIDA STATUTES.
(6) A person who knowingly sells, exchanges, or offers to sell or exchange a motor vehicle or mobile home contrary to this section or any officer, agent, or employee of a person who knowingly authorizes, directs, aids in, or consents to the sale, exchange, or offer to sell or exchange a motor vehicle or mobile home contrary to this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(7) A person who removes a rebuilt decal from a rebuilt vehicle with the intent to conceal the rebuilt status of the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) This section applies to a mobile home, travel trailer, camping trailer, truck camper, or fifth-wheel recreation trailer only when the mobile home or vehicle is a rebuilt vehicle or is assembled from parts.
(9) A person is not liable or accountable in any civil action arising out of a violation of this section if the designation of the previous use or condition of the motor vehicle is not noted on the certificate of title and registration certificate of the vehicle which was received by, or delivered to, such person, unless the person has actively concealed the prior use or condition of the vehicle from the purchaser.
(10) Subsections (1), (2), and (3) do not apply to the transfer of ownership of a motor vehicle after the motor vehicle has ceased to be used as a lease vehicle and the ownership has been transferred to an owner for private use or to the transfer of ownership of a nonconforming vehicle with 36,000 or more miles on its odometer, or 34 months whichever is later and the ownership has been transferred to an owner for private use. Such owner, as shown on the title certificate, may request the department to issue a corrected certificate of title that does not contain the statement of the previous use of the vehicle as a lease vehicle or condition as a nonconforming vehicle.
(11)(a) A vehicle titled or branded and registered as a low-speed vehicle may be converted to a golf cart pursuant to the following:
1. The owner of the converted vehicle must contact the regional office of the department to verify the conversion, surrender the registration license plate and the current certificate of title, and pay the appropriate fee established under paragraph (b).
2. The owner of the converted vehicle must provide an affidavit to the department attesting that the vehicle has been modified to comply with the speed restrictions provided in s. 320.01(22) and acknowledging that the vehicle must be operated in accordance with s. 316.212, s. 316.2125, s. 316.2126, or s. 316.21265.
3. Upon verification of the conversion, the department shall note in the vehicle record that the low-speed vehicle has been converted to a golf cart and shall cancel the certificate of title and registration of the vehicle.
(b) The department shall establish a fee of $40 to cover the cost of verification and associated administrative costs for carrying out its responsibilities under this subsection.
(c) The department shall issue a decal reflecting the conversion of the vehicle to a golf cart, upon which is clearly legible the following text: “CONVERTED VEHICLE. Max speed 20 mph.” The decal must be displayed on the rear of the vehicle, so that the decal is plainly visible.
Cited 6 times | Published | Florida 4th District Court of Appeal
...However, we are unable to see how this proposition would obviate the effect of a title certificate. According to the provisions of F.S. Chapter 319, F.S.A., it is necessary to obtain a title certificate in connection with the dispositon of a motor vehicle. In particular, Section 319.14 provides that before a motor vehicle previously used in a long-term lease can be sold the certificate of title for such motor vehicle must be surrendered to the department of motor vehicles in order that the department shall *269 stamp...
...For the foregoing reasons the summary judgment is reversed and the cause remanded. REED, C.J., and OWEN, J., concur. NOTES [1] See F.S. Section 319.23(1), F.S.A., which requires that the application for certificate of title be made under oath. See also F.S. Section 319.14, F.S.A., setting forth the circumstances under which the notation in question is customarily affixed.
...When a motor vehicle becomes a total loss according to the terms of s. 319.30 (5), F. S., in a foreign state with a foreign title and is thereafter rebuilt and sold in Florida, does s. 319.33 , F. S., apply? SUMMARY: Unless and until judicially determined otherwise, the provisions of ss. 319.14 (5) and 319.30 , F....
...i are being sold in Florida without first submitting to the department the certificate of title therefor and before the department has stamped on such certificate the words: `This motor vehicle is a `rebuilt vehicle" as required by the provisions of s. 319.14 , F....
...Although you state that the Mississippi titles for these vehicles contain no `rebuilt vehicle' designation, you do not say whether Mississippi or its controlling law requires that a vehicle so damaged be described or identified on the certificate of title issued by that state as a `rebuilt vehicle.' AS TO QUESTION 1: Section 319.14 (1), F....
...and until the department has stamped in a conspicuous place on such certificate of title . . . the words: `[t]his motor vehicle is a `rebuilt vehicle" . . . . (Emphasis supplied.) Any person who knowingly sells or exchanges or offers to sell or exchange such a vehicle contrary to the provisions of s. 319.14 shall be guilty of a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083 , F. S. Section 319.14 (5). A rebuilt vehicle is defined by s. 319.14 (1), F....
...S., to mean `a vehicle built from salvage and for which a title has been issued .' (Emphasis supplied.) Whether these flood-damaged cars from Mississippi are `built from salvage and for which a title' (Emphasis supplied.) was previously issued by your department (or an agency or officer of Mississippi) within the purview of s. 319.14 , is a factual determination beyond the authority of this office to make. Section 319.14 (1) fails to define `salvage' for the purposes of that law, or particularly for the purpose of subsection (5) thereof establishing criminal penalties for violations of the provisions of s. 319.14 ....
...6 months, or both. Once again, whether the flood-damaged cars which are the subjects of your first question are salvage or total loss vehicles or vehicles built from salvage within the purview of the last-mentioned statutes, or within the purview of s. 319.14 , F....
...d fact. It is a fundamental rule of statutory construction that words of common usage when used in a statute should be construed in their plain and ordinary sense. See Pedersen v. Green, 105 So.2d 1 (Fla. 1958). Therefore, as used in the context of ss. 319.14 and 319.30 , F....
...If such identification number plate(s) or serial number(s) has not been removed from such junk, salvage, or total loss vehicle, the owner (in Florida) of such vehicle is not prohibited from rebuilding, repairing, or restoring such vehicle or from selling the same with or without such rebuilding, repair, or restoration. Section 319.14 (1), F. S., applies only to a vehicle `which was previously licensed, registered, or used as a . . . rebuilt vehicle' (Emphasis supplied.); as was noted above, a 'rebuilt vehicle' is defined in s. 319.14 (1) as one built from salvage (with parts scavenged from other damaged, destroyed, or dismantled vehicles) and for which a title has been (previously) issued. I assume from the inquiry and the above-stated facts that none of these flood-damaged cars has been previously licensed, registered, or used in Florida as a rebuilt vehicle. Furthermore, if this be correct, s. 319.14 (1) probably does not proscribe the `rebuilding and resale' of subject vehicles, and the Florida owner thereof would not be subject to the criminal penalties prescribed by s. 319.14 (5) or s....
...Likewise the penalties prescribed by s. 319.34 would not apply in such a case. Assuming no criminal violation of s. 319.30 (4) or (6), F. S., (and no evidence of any such violation has been brought to my attention), it would appear from the available facts presented that neither s. 319.14 nor s....
...se, obtain the registration or licensing of subject vehicles in Florida, provided that your department, upon due investigation of any given case, does not find and determine that requisite facts do or did exist establishing criminal violations under s. 319.14 , s....
...Appellant, Daniel Morgan, appeals his judgment and sentence for grand theft. We reverse. Appellant was charged in a two-count information with third degree grand theft (Count I) and the unlawful sale of a rebuilt vehicle without the certificate of title being so stamped in violation of section 319.14, Florida Statutes (1989) (Count II)....
...nd then sold at auction, the title issued by the DHSMV did not have to indicate the extent of damage to the ear or that it was rebuilt. Denise James, Bureau Chief of Titles and Registration for the DHSMV, testified that “[u]nder the law (Fla.Stat. 319.14) as it applied in 1987, since the ear was more than five years old, even though it was a total loss and assuming the total loss was reported to the DHSMV, no title denoting “REBUILT” would have been issued.” “If title was requested (as...
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