The purpose and effect of this proposed rulemaking is to repeal a rule that has been deemed invalid.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Motor Vehicles

RULE NO.:RULE TITLE:
15C-7.005Unauthorized Additional Motor Vehicle Dealerships - Unauthorized Supplemental Dealership Locations
PURPOSE AND EFFECT: The purpose and effect of this proposed rulemaking is to repeal a rule that has been deemed invalid.
SUMMARY: The rule attempts to implement penalties relating to motor vehicle dealers establishing additional or supplemental dealership locations. The rule was deemed invalid by the court in Department of Highway Safety and Motor Vehicles v. JM Auto, 977 So.2d 733 (1st DCA 2008).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification because it is being repealed after being deemed invalid.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 320.011 FS.
LAW IMPLEMENTED: 320.27, 320.60-.70 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 4, 2013, 9:30 a.m.
PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B130, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Richard Brown, 2900 Apalachee Parkway, Room #A-432, Tallahassee, Florida 32399, [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Brown, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15C-7.005 Unauthorized Additional Motor Vehicle Dealerships - Unauthorized Supplemental Dealership Locations.

Rulemaking Specific Authority 320.011 FS. Law Implemented 320.27, 320.60-.70 FS. History–New 3-3-96, Repealed ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Brown, Assistant General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012