assessment
Dealers Existentes
Section 316.1951(1), Florida Statutes, provides that it is unlawful for any person to park a motor vehicle, as defined in section 320.01, Florida Statutes, upon a public street or highway, upon a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal or county regulation, and the person is in compliance with all the municipal and county licensing regulations.
Section 316.1951(2), Florida Statues, does not prohibit a person from parking their own motor vehicle or their other personal property on any private real property which the person owns or leases or on private real property which the person does not own or lease, but for which they obtain the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental.
Section 316.1951(3), Florida Statues, does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer’s licensed location if the dealer has been issued a supplemental license for off-premises sales, as provided in s. 320.27(5), and has complied with the requirements in subsection (1). A vehicle displayed for sale by a licensed dealer at any location other than the dealer’s licensed location is subject to immediate removal without warning.
Section 316.1951(4), Florida Statues, states that a local government may adopt an ordinance to allow the towing of a motor vehicle parked in violation of this section. A law enforcement officer, Compliance Examiner, code enforcement officer from any local government agency, or supervisor of the Department may issue a citation on form HSMV 84117 and cause to be immediately removed at the owner’s expense any motor vehicle found in violation of subsection (1), except as provided in subsections (2) and (3), or in violation of subsection (5), subsection (6), subsection (7), or subsection (8), and the owner shall be assessed a penalty as provided in section 318.18(21), F.S. by the government agency or authority that orders immediate removal of the motor vehicle. A motor vehicle removed under this sections shall not be released from an impound, or towing and storage facility before a release form prescribed by the department has been completed verifying that the fine has been paid to the government agency or authority that ordered immediate removal of the motor vehicle. However, the owner may pay towing and storage charges to the towing and storage facility pursuant to section 713.78, F.S. before payment of the fine or release form has been completed. Form HSMV 84060- “Authorization to Release Vehicle After Curbstoning Citation” is the department approved form for a person to complete and pay the fine to the department prior to getting the motor vehicle released from the impound or storage and towing facility.
Section 318.18(21), Florida Statutes, provides a fine of one hundred dollars for a violation of section 316.1951, F.S. for a vehicle that is unlawfully displayed for sale, hire or rental.
Section 316.1951(5), Florida Statues, It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced, as described in s. 319.33(1)(d). A vehicle found in violation of this subsection is subject to immediate removal without warning.
Section 316.1951(6), Florida Statues, It is unlawful to knowingly attach to any motor vehicle a registration that was not assigned or lawfully transferred to the vehicle pursuant to s. 320.261, F.S. A vehicle found in violation of this subsection is subject to immediate removal without warning.
Section 316.1951(7), Florida Statues, It is unlawful to display or offer for sale a vehicle that does not have a valid registration as provided in s. 320.02. A vehicle found in violation of this subsection is subject to immediate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions as defined in s. 320.27(1)(c)4, F.S.
Section 316.1951(8), Florida Statues, A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three or more vehicles offered for sale within a 12-month period. Section 316.1951(9), Florida Statues, Any other provision of law to the contrary notwithstanding, a violation of subsection (5), subsection (6), subsection (7) or subsection (8) shall subject the owner of such motor vehicle to towing fees reasonably necessitated by removal and storage of the motor vehicle and a fine as required by section 318.18, Florida Statutes.
Section 316.1951(10), Florida Statues, This section does not prohibit the governing body of a municipality or county, with respect to streets, highways, or other property under its jurisdiction, from regulating the parking of motor vehicles for any purpose.
Section 316.1951(11), Florida Statues, A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in Chapter 318, F.S. unless otherwise mandated by general law.
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Joaquin Jimenez
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