reglab/housing_qa huggingface dataset:
FL Stat § 320.408 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.408 - Departmental Warrant for Collection of Unpaid Taxes and Penalties Due From Motor Carriers.

320.408 Departmental warrant for collection of unpaid taxes and penalties due from motor carriers.—(1) Upon the determination of the amount of unpaid taxes and penalties due from a motor carrier, the department may issue a warrant, under its official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the goods and chattels of such motor carrier found within the sheriff’s jurisdiction for the payment of the amount of such delinquency, with the added penalties and interest and the cost of executing the warrant and conducting the sale, and to return such warrant to the department and pay the department the money collected by virtue thereof. However, any surplus resulting from such sale after all payments of costs, penalties, and delinquent taxes have been made shall be returned to the defaulting motor carrier.(2) The sheriff to whom any such warrant is directed shall proceed upon the same in the same manner as prescribed by law in respect to executions issued against goods and chattels upon judgment by the several circuit courts, except as otherwise provided in this chapter.(3) In the event there is a contest or claim of any kind with reference to the property levied upon or the amount of taxes, costs, or penalties due, such contest or claim shall be tried in the circuit court in and for the county in which the warrant was executed, as nearly as may be in the same manner and means as such contest or claim would have been tried in such court had the warrant originally issued upon a judgment rendered by such court. The warrant issued as provided in this section shall constitute prima facie evidence of the amount of taxes, interest, and penalties due to the state by the motor carrier, and the burden of proof shall be upon the motor carrier to show that the amounts or penalties were incorrect.(4) Nothing in this section shall be construed as forfeiting or waiving any rights to collect such taxes or penalties by an action upon any bonds that may be filed with the department under the provisions of this chapter or by suit or otherwise; in case such suit, action, or other proceeding is instituted for the collection of the tax, such suit, action, or other proceeding shall not be construed as waiving any other right herein provided. Any civil proceeding under this chapter shall not be construed as a waiver or as an estoppel in any criminal proceeding against a motor carrier under this chapter.History.—s. 35, ch. 87-198; s. 364, ch. 95-148.
FL Stat § 320.409 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.409 - Tax Lien on Property.

320.409 Tax lien on property.—If any motor carrier liable for the tax imposed by this chapter neglects or refuses to pay it, the amount of the tax, including any interest, penalty, or addition to the tax, with any cost that may accrue in addition thereto, shall be a lien in favor of the state upon all franchises, property, and rights to property, whether real or personal, then belonging to or thereafter acquired by the motor carrier, whether the property is employed by the motor carrier in the prosecution of business or is in the hands of an assignee, trustee, or receiver for the benefit of creditors, from the date the taxes are due and payable. The lien shall have priority over any lien or encumbrance whatsoever, except the lien of other state taxes having priority by law, and except that the lien shall not be valid as against any bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights attached before the time when the department filed claim of lien, for which no filing fee shall be required, in the office of the clerk of the circuit court of the county where the principal place of business of the motor carrier is located or, if the motor carrier has no principal place of business in the state, in the office of the Department of State. The lien shall continue until the amount of the tax, with any penalties and interest subsequently accruing, is paid or until the tax is barred under chapter 95. The department may issue a certificate of release of lien when the amount of the tax, with any penalties and interest subsequently accruing thereon, has been satisfied by the motor carrier, and the motor carrier may record it with the clerk of the circuit court of the county where the claim of lien was filed.History.—s. 36, ch. 87-198.
FL Stat § 320.411 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.411 - Officer’s Sale of Property or Franchise.

320.411 Officer’s sale of property or franchise.—(1) No sheriff, receiver, assignee, general or special magistrate, or other officer shall sell the property or franchise of any motor carrier for failure to pay taxes, penalties, or interest without first filing with the department a statement containing the following information:(a) The name of the plaintiff or party at whose instance or upon whose account the sale is made.(b) The name of the motor carrier whose property or franchise is to be sold.(c) The time and place of sale.(d) The nature of the property and the location of the same.(2) The department, after receiving notice as provided in subsection (1), shall furnish to the sheriff, receiver, trustee, assignee, general or special magistrate, or other officer having charge of the sale a certified copy of all taxes, penalties, and interest on file in the office of the department as liens against such motor carrier and, in the event there are no such liens, a certificate showing that fact, which certified copy or copies of certificate shall be publicly read by such officer at and immediately before the sale of the property or franchise of such motor carrier.History.—s. 37, ch. 87-198; s. 75, ch. 2004-11.
FL Stat § 320.412 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.412 - Department to Furnish Certificate of Liens.

320.412 Department to furnish certificate of liens.—The department shall furnish to any person applying therefor a certificate showing the amount of all liens for tax, penalties, and interest that may be of record in the files of the department against any motor carrier under the provisions of this chapter.History.—s. 38, ch. 87-198.
FL Stat § 320.413 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.413 - Discontinuance or Transfer of Business; Change of Address.

320.413 Discontinuance or transfer of business; change of address.—(1) Whenever a person ceases to engage in business as a motor carrier by reason of the discontinuance, sale, or transfer of the business of such person, he or she shall notify the department in writing at least 10 days prior to the time the discontinuance, sale, or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date thereof and the name and address of the purchaser or transferee. All taxes shall become due and payable concurrently with such discontinuance, sale, or transfer, and any such person shall, concurrently with such discontinuance, sale, or transfer, make a report, pay all such taxes, interest, and penalties, and surrender to the department the motor vehicle registration or registrations issued to such person.(2) Unless notice has been given to the department as provided in subsection (1), such purchaser or transferee is liable to the state for the amount of all taxes, penalties, and interest under the laws of this state accrued against the person selling or transferring his or her business on the date of such sale or transfer, but only to the extent of the value of the property and business thereby acquired from such motor carrier.(3) Nothing in this section shall be construed as releasing the motor carrier so transferring or discontinuing his or her business from liability for any taxes or for any interest or penalty due under the provisions of this chapter.(4) Every motor carrier shall submit in writing to the department any change in address of his or her principal place of business within 10 days after such change becomes effective.History.—s. 39, ch. 87-198; s. 365, ch. 95-148.
FL Stat § 320.414 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.414 - Restraining and Enjoining Violation.

320.414 Restraining and enjoining violation.—In a suit or other proceeding instituted in any court of competent jurisdiction in the name of the state by the Department of Legal Affairs or by a state attorney at the direction of the department, any motor carrier who violates any of the provisions of this chapter or who fails to pay the taxes and all interest and penalties due by the motor carrier to the state or the International Registration Plan under the provisions of this chapter may be restrained and enjoined from operating any commercial motor vehicle within this state until such motor carrier has paid all of such taxes, interest, and penalties due the state and has complied with the provisions of this chapter. Any proceeding instituted under this section shall not operate as a bar to the prosecution of any person guilty of violating any of the criminal laws of the state.History.—s. 40, ch. 87-198; s. 366, ch. 95-148.
FL Stat § 320.415 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.415 - Authority to Inspect Vehicles and Seize Property.

320.415 Authority to inspect vehicles and seize property.—(1) As a part of their responsibilities when inspecting commercial motor vehicles, the Department of Highway Safety and Motor Vehicles, the Department of Agriculture and Consumer Services, and the Department of Transportation shall ensure that all vehicles are in compliance with the provisions of this chapter.(2) Commercial motor vehicles owned or operated by any motor carrier who refuses to comply with this chapter may be seized by authorized agents or employees of the Department of Highway Safety and Motor Vehicles, the Department of Agriculture and Consumer Services, or the Department of Transportation.History.—s. 41, ch. 87-198.
FL Stat § 320.416 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.416 - Cooperation of Other State Agencies in Administration of Law.

320.416 Cooperation of other state agencies in administration of law.—The department is empowered to call on any state agency, department, bureau, or board for any and all information which, in its judgment, may be of assistance in administering or preparing for the administration of this chapter, and such state agency, department, bureau, or board is authorized, directed, and required to furnish such information.History.—s. 42, ch. 87-198.
FL Stat § 320.417 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.417 - Foreclosure of Liens.

320.417 Foreclosure of liens.—The department may file an action in the name of the state to foreclose the liens provided for in this chapter. The procedure shall be the same as the procedure for foreclosure of mortgages on real estate. A certificate of the department setting forth the amount of taxes due shall be prima facie evidence of the matter therein contained. The action may be instituted at any time after the lien becomes effective and before it is barred under chapter 95. The title to the land conveyed by such deed shall be indefeasible as to all parties defendant in the action.History.—s. 43, ch. 87-198.
FL Stat § 320.51 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.51 - Farm Tractors and Farm Trailers Exempt.

320.51 Farm tractors and farm trailers exempt.—The following are exempt from the provisions of this chapter which require the registration of motor vehicles, the payment of license taxes, and the display of license plates:(1) A motor vehicle which is operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and which is operated on the roads of this state only incidentally in going from the owner’s or operator’s headquarters to such farm, grove, or orchard and returning therefrom or in going from one farm, grove, or orchard to another.(2) A vehicle without motive power which is used principally for the purpose of transporting plows, harrows, fertilizer distributors, spray machines, and other farm or grove equipment and which uses the roads of this state only incidentally.(3) A vehicle as described in subsection (1) or subsection (2) that is operated on the roads of this state for up to 3 days while moving from an auction site or other place of purchase to the purchaser’s property if the operator has in his or her possession a bill of sale.This section does not exempt such farm tractors and farm trailers from laws relating to the tires to be used when operating on the roads of this state.History.—s. 2, ch. 20911, 1941; s. 53, ch. 83-318; s. 2, ch. 2016-88.
FL Stat § 320.525 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.525 - Port Vehicles and Equipment; Definition; Exemption.

320.525 Port vehicles and equipment; definition; exemption.—(1) As used in this section, the term “port vehicles and equipment” means trucks, tractors, trailers, truck cranes, top loaders, fork lifts, hostling tractors, chassis, or other vehicles or equipment used for transporting cargo, containers, or other equipment. The term includes motor vehicles being relocated within a port facility or via designated port district roads.(2) Port vehicles and equipment shall be exempt from the provisions of this chapter which require the registration of motor vehicles, the payment of license taxes, and the display of license plates when operated or used within the port facility of any deepwater port of this state, as listed in s. 403.021(9)(b), for the purpose of transporting cargo, containers, or other equipment:(a) From wharves to storage areas or terminals and return to wharves within the port;(b) From such storage areas or terminals to other storage areas or terminals within the port; and(c) On public roads connecting port facilities of a single deepwater port, as listed in s. 403.021(9)(b), which are designated as port district roads for the purpose of transporting cargo, containers, and other equipment. The Department of Transportation shall designate port district roads with appropriate signage.(3) The incidental operation of port vehicles or equipment on the roads of this state within the port facility of any deepwater port of this state, as listed in s. 403.021(9)(b), while being operated for the purposes described in subsection (2) shall not deprive such vehicle of the exemption otherwise provided for in this section.History.—s. 1, ch. 92-197; s. 25, ch. 2014-216; s. 16, ch. 2016-239.
FL Stat § 320.535 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.535 - Airport Vehicles and Equipment; Definition; Exemption.

320.535 Airport vehicles and equipment; definition; exemption.—(1) As used in this section, the term “airport fuel trucks and equipment” means trucks, trailers, containers, and other vehicles or equipment used for transporting aviation fuel.(2) Airport fuel trucks and equipment shall be exempt from the provisions of this chapter which require the registration of motor vehicles, the payment of license taxes, and the display of license plates when operated or used for the purpose of transporting aviation fuel within the airport facility of any public-use airport of this state.(3) The incidental operation of airport fuel trucks or equipment on the roads of this state within the airport facility while being operated for the purposes described in subsection (2) shall not deprive such vehicles of the exemption otherwise provided for in this section.History.—s. 48, ch. 97-300.
FL Stat § 320.57 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.57 - Penalties for Violations of This Chapter.

320.57 Penalties for violations of this chapter.—(1) Any person convicted of violating any of the provisions of this chapter is, unless otherwise provided herein, guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) The owner of a truck tractor and semitrailer combination or commercial truck and trailer combination, the actual gross vehicle weight of which exceeds the declared weight for registration purposes, is required to pay to the department the difference between the license tax amount paid and the required license tax due for the proper gross vehicle weight prescribed by s. 320.08(4), plus a civil penalty of $50.History.—s. 26, ch. 7275, 1917; RGS 5605; s. 14, ch. 8410, 1921; s. 7, ch. 10186, 1925; CGL 7792, 7793; s. 202, ch. 71-136; s. 54, ch. 83-318; s. 44, ch. 87-198.
FL Stat § 320.571 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.571 - Failure of Person Charged With Misdemeanor Under This Chapter to Comply With Court-Ordered Directives; Suspension of License.

320.571 Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives; suspension of license.—Any person who has been charged with the commission of an offense which constitutes a misdemeanor under this chapter and who fails to comply with all of the directives of the court is subject to the provisions of s. 322.245.History.—s. 21, ch. 84-359.
FL Stat § 320.58 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.58 - License Inspectors; Powers, Appointment.

320.58 License inspectors; powers, appointment.—(1)(a) The department shall appoint as many license inspectors and supervisors as it deems necessary to enforce the provisions of this chapter and chapters 319, 322, and 324. In order to enforce the provisions of these laws, the inspectors are empowered to enter on both publicly owned and privately owned property and to issue uniform traffic citations to persons found in violation thereof. The department is further empowered to delegate the power to issue uniform traffic citations to persons acting as its agents for the purpose of enforcing the registration provisions of this chapter, which may include, but not be limited to, personnel employed by district school boards as agreed to by the school board and the county tax collector.(b) License inspectors appointed pursuant to this section and agents delegated by the department are not to be considered for membership in the state high-risk retirement program.(2) Any person who fails or refuses to surrender his or her driver license, registration certificate, and license plate upon lawful demand of an inspector, supervisor, or authorized agent of the department is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 7, ch. 10182, 1925; CGL 1305; s. 46, ch. 26869, 1951; s. 19, ch. 63-400; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 73-305; s. 27, ch. 77-357; s. 55, ch. 83-318; s. 3, ch. 88-253; s. 39, ch. 91-224; s. 367, ch. 95-148; ss. 50, 51, ch. 2000-171.
FL Stat § 320.605 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.605 - Legislative Intent.

320.605 Legislative intent.—It is the intent of the Legislature to protect the public health, safety, and welfare of the citizens of the state by regulating the licensing of motor vehicle dealers and manufacturers, maintaining competition, providing consumer protection and fair trade and providing minorities with opportunities for full participation as motor vehicle dealers.History.—ss. 4, 22, ch. 88-395; s. 4, ch. 91-429; s. 3, ch. 2017-187.
FL Stat § 320.61 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.61 - Licenses Required of Motor Vehicle Manufacturers, Distributors, Importers, Etc.

320.61 Licenses required of motor vehicle manufacturers, distributors, importers, etc.—(1) No manufacturer, factory branch, distributor, or importer (all sometimes referred to hereinafter as “licensee”) shall engage in business in this state without a license therefor as provided in ss. 320.60-320.70. No motor vehicle, foreign or domestic, may be sold, leased, or offered for sale or lease in this state unless the manufacturer, importer, or distributor of such motor vehicle, which issues an agreement to a motor vehicle dealer in this state, is licensed under ss. 320.60-320.70.(2) The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursuant to s. 320.63. The application for renewal shall include any information necessary to bring current the information required in the initial application.(3) All licenses shall be granted or refused within 30 days after application.(4) When a complaint of unfair or prohibited cancellation or nonrenewal of a dealer agreement is made by a motor vehicle dealer against a licensee and such complaint is pending pursuant to ss. 320.60-320.70, no replacement application for such agreement shall be granted and no license shall be issued by the department under s. 320.27 to any replacement dealer until a final decision is rendered on the complaint of unfair cancellation, so long as the dealer agreement of the complaining dealer is in effect as provided under s. 320.641(7).(5) Any manufacturer, distributor, or importer, who obtains a license under this section, is engaged in business in this state and is subject to the jurisdiction of the courts of this state pursuant to chapter 48. Any manufacturer not licensed under this section, who is a manufacturer of motor vehicles of a recognized line-make which are sold or leased in this state pursuant to a plan, system, or channel of distribution established, approved, authorized or known to the manufacturer, shall be subject to the jurisdiction of the courts of this state in any action seeking relief under or to enforce any of the remedies or penalties provided in ss. 320.60-320.70.History.—s. 2, ch. 20236, 1941; s. 5, ch. 70-424; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 20, ch. 78-95; ss. 4, 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; s. 2, ch. 84-69; ss. 5, 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 20, ch. 2001-196; s. 3, ch. 2017-187.
FL Stat § 320.615 (2021)
2021 Florida Statutes|Title XXIII - Motor Vehicles|Chapter 320 - Motor Vehicle Licenses|320.615 - Agent for Service of Process.

320.615 Agent for service of process.—The acceptance by any person of a license under ss. 320.60-320.70 shall be deemed equivalent to an appointment by such person of the Secretary of State as the agent of such person upon whom may be served all lawful process in any action, suit, or proceeding against such person arising out of any transaction or operation connected with or incidental to any activities of such person carried on under such license, and the acceptance of such license shall be signification of the agreement of such person that any process against him or her which is so served shall be of the same legal force and validity as if served personally on the person. Service of such process shall be in accordance with and in the same manner as now provided for service of process upon nonresidents under the provisions of chapter 48.History.—s. 6, ch. 70-424; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 369, ch. 95-148; s. 3, ch. 2017-187.