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Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 616 Ì331322jÎ331322 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraphs (c) and (d) of subsection (1) and 6 subsections (2), (3), and (4) of section 320.27, Florida 7 Statutes, are amended to read: 8 320.27 Motor vehicle dealers.— 9 (1) DEFINITIONS.—The following words, terms, and phrases 10 when used in this section have the meanings respectively 11 ascribed to them in this subsection, except where the context 12 clearly indicates a different meaning: 13 (c) "Motor vehicle dealer" means any person engaged in the 14 business of buying, selling, or leasing
dealing inmotor 15 vehicles or offering or displaying motor vehicles for sale or 16 lease at wholesale or retail, or who may service and repair 17 motor vehicles pursuant to an agreement as defined in s. 18 320.60(1). Any person who buys, sells, or leases deals inthree 19 or more motor vehicles in any 12-month period or who offers or 20 displays for sale or lease three or more motor vehicles in any 21 12-month period shall be prima facie presumed to be engaged in22 such businessa motor vehicle dealer. Any person who engages in 23 any of the following activities shall be deemed to be a motor 24 vehicle dealer: possessing, storing, or displaying motor 25 vehicles for retail sale or lease by the person; advertising 26 motor vehicles held in inventory by the person for retail sale 27 or lease by the person; compensating customers for vehicles at 28 wholesale or retail, also known as trade-ins; negotiating with 29 customers regarding the terms of sale or lease for a motor 30 vehicle; providing test drives of motor vehicles offered for 31 retail sale or lease by the person; delivering or arranging for 32 the delivery of a motor vehicle in conjunction with the retail 33 sale or lease of the motor vehicle; or offering to sell a motor 34 vehicle service agreement at the time of the retail sale or 35 lease of a motor vehicle. The terms "selling" and "sale" include36 lease-purchase transactions.A motor vehicle dealer may, at 37 retail or wholesale, sell a recreational vehicle as described in 38 s. 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale 39 of a motor vehicle, provided such acquisition is incidental to 40 the principal business of being a motor vehicle dealer. However, 41 a motor vehicle dealer may not buy a recreational vehicle for 42 the purpose of resale unless licensed as a recreational vehicle 43 dealer pursuant to s. 320.771. A motor vehicle dealer may apply44 for a certificate of title to a motor vehicle required to be45 registered under s. 320.08(2)(b), (c), and (d), using a46 manufacturer's statement of origin as permitted by s. 319.23(1),47 only if such dealer is authorized by a franchised agreement as48 defined in s. 320.60(1), to buy, sell, or deal in such vehicle49 and is authorized by such agreement to perform delivery and50 preparation obligations and warranty defect adjustments on the51 motor vehicle; provided this limitation shall not apply to52 recreational vehicles, van conversions, or any other motor53 vehicle manufactured on a truck chassis. The transfer of a motor54 vehicle by a dealer not meeting these qualifications shall be55 titled as a used vehicle.The classifications of motor vehicle 56 dealers are defined as follows: 57 1. "Franchised motor vehicle dealer" means any person who 58 engages in the business of repairing, servicing, buying, 59 selling, or leasing dealing inmotor vehicles pursuant to an 60 agreement as defined in s. 320.60(1). A motor vehicle dealer may 61 apply for a certificate of title to a motor vehicle required to 62 be registered under s. 320.08(2)(b), (c), or (d) or s. 63 320.08(3)(a), (b), or (c), using a manufacturer's statement of 64 origin as required by s. 319.23(1), only if such dealer is 65 authorized by a franchise agreement as defined in s. 320.60(1) 66 to buy, sell, or deal in such vehicles and is authorized by such 67 agreement to perform delivery and preparation obligations and 68 warranty defect adjustments on the motor vehicle. This 69 limitation does not apply to recreational vehicles, van 70 conversions, or any other motor vehicle manufactured on a truck 71 chassis. 72 2. "Independent motor vehicle dealer" means any person 73 other than a franchised or wholesale motor vehicle dealer who 74 engages in the business of buying, selling, or leasing dealing75 inmotor vehicles, and who may service and repair motor 76 vehicles. 77 3. "Wholesale motor vehicle dealer" means any person who 78 engages exclusively in the business of buying or ,selling , or79 dealing inmotor vehicles at wholesale or with motor vehicle 80 auctions. Such person shall be licensed to do business in this 81 state, shall not sell or auction a vehicle to any person who is 82 not a licensed dealer, and shall not have the privilege of the 83 use of dealer license plates. Any person who buys, sells, or 84 deals in motor vehicles at wholesale or with motor vehicle 85 auctions on behalf of a licensed motor vehicle dealer and as a 86 bona fide employee of such licensed motor vehicle dealer is not 87 required to be licensed as a wholesale motor vehicle dealer. In 88 such cases it shall be prima facie presumed that a bona fide 89 employer-employee relationship exists. A wholesale motor vehicle 90 dealer shall be exempt from the display provisions of this 91 section but shall maintain an office wherein records are kept in 92 order that those records may be inspected. 93 4. "Motor vehicle auction" means any person offering motor 94 vehicles or recreational vehicles for sale to the highest bidder 95 where buyers are licensed motor vehicle dealers. Such person 96 shall not sell a vehicle to anyone other than a licensed motor 97 vehicle dealer. 98 5. "Salvage motor vehicle dealer" means any person who 99 engages in the business of acquiring salvaged or wrecked motor 100 vehicles for the purpose of reselling them and their parts. 101 102 Notwithstanding anything in this subsection to the contrary, the 103 term "motor vehicle dealer" does not include persons not engaged 104 in the purchase or sale of motor vehicles as a business who are 105 disposing of vehicles acquired for their own use or for use in 106 their business or acquired by foreclosure or by operation of 107 law, provided such vehicles are acquired and sold in good faith 108 and not for the purpose of avoiding the provisions of this law; 109 persons engaged in the business of manufacturing, selling, or 110 offering or displaying for sale at wholesale or retail no more 111 than 25 trailers in a 12-month period; public officers while 112 performing their official duties; receivers; trustees, 113 administrators, executors, guardians, or other persons appointed 114 by, or acting under the judgment or order of, any court; banks, 115 finance companies, or other loan agencies that acquire motor 116 vehicles as an incident to their regular business; motor vehicle 117 brokers; persons whose sole dealing in motor vehicles is owning 118 a publication in, or hosting a website on, which licensed motor 119 vehicle dealers display vehicles for sale; persons primarily 120 engaged in the business of the short-term rental of motor 121 vehicles, which rental term may not exceed 12 months, who are 122 not also involved in the retail sale of motor vehicles; and 123 motor vehicle rental and leasing companies that sell motor 124 vehicles only to motor vehicle dealers licensed under this 125 section. Vehicles owned under circumstances described in this 126 paragraph may be disposed of at retail, wholesale, or auction, 127 unless otherwise restricted. A manufacturer of fire trucks, 128 ambulances, or school buses may sell such vehicles directly to 129 governmental agencies or to persons who contract to perform or 130 provide firefighting, ambulance, or school transportation 131 services exclusively to governmental agencies without processing 132 such sales through dealers if such fire trucks, ambulances, 133 school buses, or similar vehicles are not presently available 134 through motor vehicle dealers licensed by the department. 135 (d) "Motor vehicle broker" means any person engaged in the 136 business of, or who holds himself or herself out through 137 solicitation, advertisement, or other means as being in the 138 business of, assisting offering to procure or procuring motor139 vehicles forthe general public in purchasing or leasing a motor 140 vehicle from a licensed motor vehicle dealer , or who holds141 himself or herself out through solicitation, advertisement, or142 otherwise as one who offers to procure or procures motor143 vehicles for the general public, and who does not store, 144 display, or take ownership of any vehicles for the purpose of 145 selling such vehicles. Any advertisement or solicitation by a 146 motor vehicle broker must include notice that the broker is 147 receiving a fee and must clearly state that the broker is not a 148 licensed motor vehicle dealer. A licensed manufacturer, 149 distributor, or importer is not considered a motor vehicle 150 broker. 151 (2) LICENSE REQUIRED.—No person shall engage in business 152 as, serve in the capacity of, or act as a motor vehicle dealer 153 or motor vehicle broker in this state without first obtaining a 154 license therefor in the appropriate classification as provided 155 in this section. With the exception of transactions with motor 156 vehicle auctions, no person other than a licensed motor vehicle 157 dealer may advertise for sale or lease any motor vehicle 158 belonging to another party unless as a direct result of a bona 159 fide legal proceeding, court order, settlement of an estate, or160 by contract with a motor vehicle dealer, or by operation of law. 161 However, owners of motor vehicles titled in their names may 162 advertise and offer vehicles for sale on their own behalf. It 163 shall be unlawful for a licensed motor vehicle dealer to allow 164 any person other than a bona fide employee to use the motor 165 vehicle dealer license for the purpose of acting in the capacity 166 of or conducting motor vehicle sales transactions as a motor 167 vehicle dealer. Any person acting selling or offering a motor168 vehicle for salein violation of the licensing requirements of 169 this subsection, or who misrepresents to any person its 170 relationship with any manufacturer, importer, or distributor, in 171 addition to the penalties provided herein, shall be deemed to 172 have committed guilty ofan unfair and deceptive trade practice 173 as definedin violation of part II of chapter 501 and shall be 174 subject to the provisions of subsections (8) and (9). 175 (3) APPLICATION AND FEE.—The application for the license 176 shall be in such form as may be prescribed by the department and 177 shall be subject to such rules with respect thereto as may be so 178 prescribed by it. Such application shall be verified by oath or 179 affirmation and shall contain a full statement of the name and 180 birth date of the person or persons applying therefor; the name 181 of the firm or copartnership, with the names and places of 182 residence of all members thereof, if such applicant is a firm or 183 copartnership; the names and places of residence of the 184 principal officers, if the applicant is a body corporate or 185 other artificial body; the name of the state under whose laws 186 the corporation is organized; the present and former place or 187 places of residence of the applicant; and prior business in 188 which the applicant has been engaged and the location thereof. 189 Such application shall describe the exact location of the place 190 of business and shall state whether the place of business is 191 owned by the applicant and when acquired, or, if leased, a true 192 copy of the lease shall be attached to the application. The 193 applicant shall certify that the location provides an adequately 194 equipped office and is not a residence; that the location 195 affords sufficient unoccupied space upon and within which 196 adequately to store all motor vehicles offered and displayed for 197 sale; and that the location is a suitable place where the 198 applicant can in good faith carry on such business and keep and 199 maintain books, records, and files necessary to conduct such 200 business, which shall be available at all reasonable hours to 201 inspection by the department or any of its inspectors or other 202 employees. The applicant shall certify that the business of a 203 motor vehicle dealer is the principal business which shall be 204 conducted at that location. The application shall contain a 205 statement that the applicant is: eitherfranchised by a 206 manufacturer of motor vehicles, in which case the name of each 207 motor vehicle that the applicant is franchised to sell shall be 208 included; , oran independent (nonfranchised) motor vehicle 209 dealer; or a motor vehicle broker. The application shall contain 210 other relevant information as may be required by the department, 211 including evidence that the applicant is insured under a garage 212 liability insurance policy or a general liability insurance 213 policy coupled with a business automobile policy, which shall 214 include, at a minimum, $25,000 combined single-limit liability 215 coverage including bodily injury and property damage protection 216 and $10,000 personal injury protection. However, a salvage motor 217 vehicle dealer as defined in subparagraph (1)(c)5. is exempt 218 from the requirements for garage liability insurance and 219 personal injury protection insurance on those vehicles that 220 cannot be legally operated on roads, highways, or streets in 221 this state. Franchise dealers must submit a garage liability 222 insurance policy, and all other dealers must submit a garage 223 liability insurance policy or a general liability insurance 224 policy coupled with a business automobile policy. Such policy 225 shall be for the license period, and evidence of a new or 226 continued policy shall be delivered to the department at the 227 beginning of each license period. Upon making initial 228 application, the applicant shall pay to the department a fee of 229 $300 in addition to any other fees required by law. Applicants 230 may choose to extend the licensure period for 1 additional year 231 for a total of 2 years. An initial applicant shall pay to the 232 department a fee of $300 for the first year and $75 for the 233 second year, in addition to any other fees required by law. An 234 applicant for renewal shall pay to the department $75 for a 1 235 year renewal or $150 for a 2-year renewal, in addition to any 236 other fees required by law. Upon making an application for a 237 change of location, the person shall pay a fee of $50 in 238 addition to any other fees now required by law. The department 239 shall, in the case of every application for initial licensure, 240 verify whether certain facts set forth in the application are 241 true. Each applicant, general partner in the case of a 242 partnership, or corporate officer and director in the case of a 243 corporate applicant, must file a set of fingerprints with the 244 department for the purpose of determining any prior criminal 245 record or any outstanding warrants. The department shall submit 246 the fingerprints to the Department of Law Enforcement for state 247 processing and forwarding to the Federal Bureau of Investigation 248 for federal processing. The actual cost of state and federal 249 processing shall be borne by the applicant and is in addition to 250 the fee for licensure. The department may issue a license to an 251 applicant pending the results of the fingerprint investigation, 252 which license is fully revocable if the department subsequently 253 determines that any facts set forth in the application are not 254 true or correctly represented. 255 (4) LICENSE CERTIFICATE.— 256 (a) An initial Alicense certificate shall be issued by the 257 department in accordance with such application when the 258 application is regular in form and in compliance with the 259 provisions of this section. The license certificate may be in 260 the form of a document or a computerized card as determined by 261 the department. The actual cost of each original, additional, or 262 replacement computerized card shall be borne by the licensee and 263 is in addition to the fee for licensure. Such license, when so 264 issued, entitles the licensee to carry on and conduct the 265 business of a motor vehicle dealer or broker. Each license 266 issued to a franchise motor vehicle dealer or motor vehicle 267 broker expires on December 31 of the year of its expiration 268 unless revoked or suspended prior to that date. Each license 269 issued to an independent or wholesale dealer or auction expires 270 on April 30 of the year of its expiration unless revoked or 271 suspended prior to that date. At least 60 days before the272 license expiration date, the department shall deliver or mail to273 each licensee the necessary renewal forms. Each independent274 dealer shall certify that the dealer (owner, partner, officer,275 or director of the licensee, or a full-time employee of the276 licensee that holds a responsible management-level position) has277 completed 8 hours of continuing education prior to filing the278 renewal forms with the department. Such certification shall be279 filed once every 2 years. The continuing education shall include280 at least 2 hours of legal or legislative issues, 1 hour of281 department issues, and 5 hours of relevant motor vehicle282 industry topics. Continuing education shall be provided by283 dealer schools licensed under paragraph (b) either in a284 classroom setting or by correspondence. Such schools shall285 provide certificates of completion to the department and the286 customer which shall be filed with the license renewal form, and287 such schools may charge a fee for providing continuing288 education. Any licensee who does not file his or her application289 and fees and any other requisite documents, as required by law,290 with the department at least 30 days prior to the license291 expiration date shall cease to engage in business as a motor292 vehicle dealer on the license expiration date. A renewal filed293 with the department within 45 days after the expiration date294 shall be accompanied by a delinquent fee of $100. Thereafter, a295 new application is required, accompanied by the initial license296 fee. A license certificate duly issued by the department may be297 modified by endorsement to show a change in the name of the298 licensee, provided, as shown by affidavit of the licensee, the299 majority ownership interest of the licensee has not changed or300 the name of the person appearing as franchisee on the sales and301 service agreement has not changed. Modification of a license302 certificate to show any name change as herein provided shall not303 require initial licensure or reissuance of dealer tags; however,304 any dealer obtaining a name change shall transact all business305 in and be properly identified by that name. All documents306 relative to licensure shall reflect the new name. In the case of307 a franchise dealer, the name change shall be approved by the308 manufacturer, distributor, or importer. A licensee applying for309 a name change endorsement shall pay a fee of $25 which fee shall310 apply to the change in the name of a main location and all311 additional locations licensed under the provisions of subsection312 (5). Each initial license application received by the department313 shall be accompanied by verification that, within the preceding314 6 months, the applicant, or one or more of his or her designated315 employees, has attended a training and information seminar316 conducted by a licensed motor vehicle dealer training school.317 Any applicant for a new franchised motor vehicle dealer license318 who has held a valid franchised motor vehicle dealer license319 continuously for the past 2 years and who remains in good320 standing with the department is exempt from the prelicensing321 training requirement. Such seminar shall include, but is not322 limited to, statutory dealer requirements, which requirements323 include required bookkeeping and recordkeeping procedures,324 requirements for the collection of sales and use taxes, and such325 other information that in the opinion of the department will326 promote good business practices. No seminar may exceed 8 hours327 in length.328 (b) Each initial license application received by the329 department for licensure under subparagraph (1)(c)2. shall be330 accompanied by verification that, within the preceding 6 months,331 the applicant (owner, partner, officer, or director of the332 applicant, or a full-time employee of the applicant that holds a333 responsible management-level position) has successfully334 completed training conducted by a licensed motor vehicle dealer335 training school. Such training must include training in titling336 and registration of motor vehicles, laws relating to unfair and337 deceptive trade practices, laws relating to financing with338 regard to buy-here, pay-here operations, and such other339 information that in the opinion of the department will promote340 good business practices. Successful completion of this training341 shall be determined by examination administered at the end of342 the course and attendance of no less than 90 percent of the343 total hours required by such school. Any applicant who had held344 a valid motor vehicle dealer's license continuously within the345 past 2 years and who remains in good standing with the346 department is exempt from the prelicensing requirements of this347 section. The department shall have the authority to adopt any348 rule necessary for establishing the training curriculum; length349 of training, which shall not exceed 8 hours for required350 department topics and shall not exceed an additional 24 hours351 for topics related to other regulatory agencies' instructor352 qualifications; and any other requirements under this section.353 The curriculum for other subjects shall be approved by any and354 all other regulatory agencies having jurisdiction over specific355 subject matters; however, the overall administration of the356 licensing of these dealer schools and their instructors shall357 remain with the department. Such schools are authorized to358 charge a fee.359 (b) Each application for initial licensure as an 360 independent motor vehicle dealer received by the department 361 shall be accompanied by verification that, within the preceding 362 6 months, the applicant or one or more of his or her designated 363 employees has attended a training and information seminar 364 conducted by a licensed motor vehicle dealer training school. 365 Such seminar must include, but need not be limited to, statutory 366 dealer requirements, which include required bookkeeping and 367 recordkeeping procedures, requirements for the collection of 368 sales and use taxes, and any other information that, in the 369 opinion of the department, will promote good business practices. 370 A seminar may not exceed 8 hours in length. Such training must 371 include instruction in titling and registration of motor 372 vehicles, laws relating to unfair and deceptive trade practices, 373 laws relating to financing with regard to buy-here, pay-here 374 operations, and such other information that in the opinion of 375 the department promotes good business practices. Successful 376 completion of this training shall be determined by examination 377 administered at the end of the seminar and attendance of no less 378 than 90 percent of the total hours required by such school. Any 379 applicant for an independent dealer license who had held a valid 380 motor vehicle dealer license continuously within the past 2 381 years and who remains in good standing with the department is 382 exempt from the prelicensing requirements of this section. The 383 department may adopt any rule necessary for establishing the 384 training curriculum; length of training, which shall not exceed 385 8 hours for required department topics and shall not exceed an 386 additional 24 hours for topics related to other regulatory 387 agencies' instructor qualifications; and any other requirements 388 under this section. The curriculum for other subjects shall be 389 approved by any and all other regulatory agencies having 390 jurisdiction over the specific subject matters; however, the 391 overall administration of the licensing of these dealer schools 392 and their instructors shall remain with the department. Such 393 schools are authorized to charge a fee for training. 394 (c) At least 60 days before the license expiration date, 395 the department shall deliver or mail to each licensee the 396 necessary renewal forms. 397 1. Each independent motor vehicle dealer must certify that 398 the dealer has completed 8 hours of continuing education before 399 filing the renewal forms with the department. For purposes of 400 this subparagraph, the term "dealer" means an owner, partner, 401 officer, or director of the licensee, or a full-time employee of 402 the licensee that holds a responsible management-level position. 403 Such certification must be filed once every 2 years. The 404 continuing education shall include at least 2 hours of 405 instruction in legal or legislative issues, 1 hour of 406 instruction in department issues, and 5 hours of instruction in 407 relevant motor vehicle industry topics. Continuing education 408 shall be provided by dealer schools licensed under paragraph (b) 409 either in a classroom setting or by correspondence. Such schools 410 shall provide certificates of completion to the department and 411 the customer which must be filed with the license renewal form, 412 and such schools may charge a fee for providing continuing 413 education. 414 2. Each franchised motor vehicle dealer shall certify that 415 the dealer, operator, owner, partner, director, or general 416 manager of the licensee has completed 8 hours of industry 417 certification on legal and legislative issues every 2 years 418 provided by a Florida-based, nonprofit, dealer-owned, statewide 419 industry association of franchised motor vehicle dealers with 420 state and federal compliance credentials approved by the 421 department. Such association may charge a fee for providing the 422 industry certification. In the case of licensees belonging to a 423 dealership group, the required certification may be satisfied 424 for all licensees in the dealership group through completion of 425 the industry certification by one designated owner, officer, 426 director, or manager of the dealership group. For purposes of 427 this section, a dealership group is two or more licensed 428 franchised motor vehicle dealers with a common owner which has 429 legal or equitable title of at least 80 percent of each dealer 430 in the group. Certification shall be required in a classroom 431 setting in a convenient location within the state and designated 432 individuals shall receive certificates of completion from the 433 organization which must be filed with their license renewal 434 form. A licensee who seeks to satisfy the required certification 435 through a dealership group must provide the department with 436 evidence of the required common ownership at the time of filing 437 the certificate of completion. 438 3. Any licensee who does not file his or her application 439 and any other requisite documents with, and pay the fees to, as 440 required by law, the department at least 30 days before the 441 license expiration date must cease to engage in business as a 442 motor vehicle dealer no later than the license expiration date. 443 A renewal filed with the department within 45 days after the 444 expiration date must be accompanied by a delinquent fee of $100. 445 Thereafter, a new application is required, accompanied by the 446 initial license fee. 447 (d) A license certificate duly issued by the department may 448 be modified by endorsement to show a change in the name of the 449 licensee, provided, as shown by affidavit of the licensee, the 450 majority ownership interest of the licensee has not changed or 451 the name of the person appearing as franchisee on the sales and 452 service agreement has not changed. Modification of a license 453 certificate to show any name change as provided in this 454 paragraph does not require initial licensure or reissuance of 455 dealer tags; however, any dealer obtaining a name change shall 456 transact all business in and be properly identified by that 457 name. All documents relative to licensure shall reflect the new 458 name. In the case of a franchised motor vehicle dealer, the name 459 change shall be approved by the manufacturer, distributor, or 460 importer. A licensee applying for a name change endorsement 461 shall pay a fee of $25 which shall apply to the change in the 462 name of a main location and all additional locations licensed 463 under subsection (5). 464 Section 2. This act shall take effect July 1, 2018. 465 466 ================= T I T L E A M E N D M E N T ================ 467 And the title is amended as follows: 468 Delete everything before the enacting clause 469 and insert: 470 A bill to be entitled 471 An act relating to motor vehicle dealers; amending s. 472 320.27, F.S.; revising the definitions of the terms 473 "motor vehicle dealer," "franchised motor vehicle 474 dealer," "independent motor vehicle dealer," 475 "wholesale motor vehicle dealer," and "motor vehicle 476 broker"; prohibiting persons from engaging in business 477 as, serving in the capacity of, or acting as a motor 478 vehicle broker in this state without first obtaining a 479 certain license; adding an exception to the 480 prohibition on persons other than a licensed motor 481 vehicle dealer from advertising for sale or lease any 482 motor vehicle belonging to another party; requiring 483 any person acting in violation of specified licensing 484 requirements to be deemed to have committed an unfair 485 and deceptive trade practice in violation of specified 486 provisions; requiring an initial license certificate 487 to be issued by the Department of Highway Safety and 488 Motor Vehicles in accordance with an application when 489 the application is regular in form and in compliance 490 with specified provisions; providing for expiration of 491 a license issued to a motor vehicle broker; deleting 492 provisions relating to renewal forms, license 493 certificates, and initial license applications; 494 requiring each initial application for licensure as an 495 independent motor vehicle dealer received by the 496 department to be accompanied by certain verification 497 of attending training and an information seminar; 498 providing seminar and training requirements; providing 499 an exemption; authorizing the department to adopt 500 certain rules; providing that the curriculum for 501 certain subjects is approved by any and all other 502 regulatory agencies having jurisdiction over the 503 specific subject matters; requiring that the overall 504 administration of the licensing of dealer schools and 505 their instructors remains with the department; 506 authorizing the schools to charge a fee for training; 507 requiring the department to deliver or mail to each 508 licensee the necessary renewal forms within a 509 specified period; requiring independent motor vehicle 510 dealers to complete certain certification relating to 511 continuing education, subject to certain requirements; 512 defining the term "dealer"; providing requirements for 513 continuing education; requiring dealer schools to 514 provide certificates of completion to the department 515 and customer; authorizing the schools to charge a fee 516 for providing continuing education; requiring 517 franchised motor vehicle dealers to complete certain 518 industry certification, subject to certain 519 requirements; authorizing a certain association to 520 charge a fee for providing the industry certification; 521 authorizing such certification to be accomplished by a 522 certain designated person under certain circumstances; 523 providing certification requirements; requiring 524 designated individuals to receive certificates of 525 completion; requiring a licensee who seeks to satisfy 526 the certification through a dealership group to 527 provide the department with certain evidence at the 528 time of filing the certificate of completion; 529 requiring licensees who do not file their application 530 and any other requisite documents with, and pay the 531 fees to, the department within a specified period to 532 cease engaging in business; providing fees for a 533 renewal or new application filed with the department 534 within specified periods after the expiration date; 535 authorizing a license certificate to be modified to 536 show a change in the name of the licensee, subject to 537 certain requirements; requiring a specified fee for 538 such modification; conforming provisions to changes 539 made by the act; providing an effective date.


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HARMONY GOLD MINING COMPANY LIMITED - Harmony solid results support margin and production growthRelease Date: 13/02/2018 07:06:00 Code(s): HAR PDF(s):
Harmony – solid results support margin and production growth Harmony Gold Mining Company Limited Registration number 1950/038232/06 Incorporated in the Republic of South Africa ISIN: ZAE000015228 JSE share code: HAR ("Harmony" or "the company") Harmony – solid results support margin and production growth Half year achievements: - 49% increase in headline earnings per share to 224 SA cents (55% increase to 17 US cents) - 6% increase in South African gold production - 4% increase in underground recovered grade to 5.26g/t - 2% decrease in all-in sustaining costs to R500 248/kg (2% increase to US$1 161/oz) Johannesburg. Tuesday, 13 February 2018. Harmony Gold Mining Company Limited ("Harmony" and/or "the Company") is pleased to announce that operational excellence has resulted in a solid production performance in the six months ended 31 December 2017, with a 49% increase in headline earnings to 224 SA cents per share (17 US cents per share) compared to 150 SA cents per share (11 US cents per share) for the December 2016 period. "We are on track to achieve our group production guidance of 1.1Moz, after producing 560 000 ounces in the six months ended 31 December 2017. Shareholder returns inform every decision we make. We will therefore relentlessly pursue the production of safe, profitable ounces", said Peter Steenkamp, chief executive officer of Harmony. Gold production for the group for the six months ended 31 December 2017 increased by 191kg (1%) to 17 418kg (560 003 oz), compared to 17 227kg (553 862oz) for the six months ended 31 December 2016. Gold production from the South African operations increased by 6% for the six months ended 31 December 2017 to 16 756kg (538 719 oz), compared to 15 812kg (508 369 oz) for the six months ended 31 December 2016. All-in sustaining costs for all operations decreased by 2% to R500 248/kg in the six months ended 31 December 2017 when compared to the previous comparable period of 31 December 2016. In US dollar terms all-in sustaining costs increased by 2% to US$1 161/oz mainly due to the strengthening of the Rand against the US dollar in the six months ended 31 December 2017. The net profit for the six months ended 31 December 2017 was R897 million (US$65 million), compared to R1 539 million (US$111 million) for the comparative period which included a gain on bargain purchase of R848 million (US$61 million). Ends. For more details contact: Lauren Fourie Investor Relations Manager +27 (0)71 607 1498 (mobile) or Marian van der Walt Executive: Corporate and Investor Relations +27 (0) 82 888 1242 (mobile) 13 February 2018 Sponsor: J.P. Morgan Equities South Africa Proprietary Limited. Date: 13/02/2018 07:06:00 Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE'). The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on, information disseminated through SENS.
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TACT Consulting Limited and our subsidiary company t.act are experiential based training companies. We provide the same five core services for our clients.
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We have a reputation for providing professional and excellent training program for out clients in the industry. All of our trainers are experienced and passionate about their work. They all have many years of working experience so that they can apply these experiences, related knowledge and skills to the training. So, they can give valuable and actionable insights to our clients in the training program, unlike other amateur trainers who are not motivated to get the job done.
We are famous for taking care of our clients thoroughly. We will visit your company in person to discuss how you want the training program to be. Then, we will prepare all the logistics including booking training venue and preparing relevant equipment for you. So, all you need to do is just getting involved in our meetings and then attending the program.


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Howdy All,
I received the below email from Reg McDaniel's preparedness newsletter today. It gives a link to a website, http://www.stilltasty.com/ , of valuable info on the shelf life for foods in dry storage and refrigerated.
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Read more on this subject: Criminal Justice System
News Story Source: https://www.zerohedge.com by Tyler Durden
Meanwhile, two prison employees who had been assigned to Epstein's unit have been placed on administrative leave pending ongoing investigations, according to CNBC.
Department of Justice spokewoman Kerri Kupec, in a prepared statement said, "Today, the Attorney General directed the Bureau of Prisons to temporarily assign the warden at the Metropolitan Correctional Center in New York to the Bureau's Northeast Regional Office pending the outcome of the FBI and OIG investigations into the apparent suicide of Jeffrey Epstein, a former MCC inmate."
"FCI Otisville Warden James Petrucci has been named Acting Warden of the MCC New York. The Bureau of Prisons also placed on administrative leave two MCC staff assigned to Mr. Epstein's unit pending the outcome of the investigations. Additional actions may be taken as the circumstances warrant." -CNBC
Read More or Make a Comment


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|Closing Date:
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Advice regarding permission to leave country
Home › Online forum › Gingerbread Forum › Advice regarding permission to leave country
Tagged: children, finance, Home, separation
This topic contains 11 replies, has 4 voices, and was last updated by Manica 5 months, 3 weeks ago.
I am in need for some advice please you kind people on my phone.
A while back I separated from my ex partner. My ex partner decided to leave home and go stayed at his mother for a while, then he came back, then he went again. I understand that at the start of a separation things are not ideal so lets pass on that. We also had holidays booked and he wanted to come along. Although i said to him that it wasnt a great idea considering we were going to visit my home country/ family, I didnt argue much because I want to be nice and accommodating to the father of my child. Thinking that I wouldnt want my child to be taken away from me for 2 weeks either.
Financially we owe a lot of money for the house, meaning that if he doesnt contribtute I am unable to pay all the mortgage my self, and if he rents elsewhere he cant pay his part of the mortgage. If i borrow money and cover all the expenses my self will he still get 50% of the sale of the house? i dont know but i dont want to lose more money.
The most important is that i want to go back to my country. When we were on holidays are child had an amazing time with my family and the children and I think that its 100% better there. In UK , i am totally isolated and alone and so is our son. We see my ex partners family every 3-4 months at best except his mum that lives close. After our separation, I am all alone and I have no support as everyone I know are back home and of course I couldnt ask for help, support from my ex family.
I went to a lawyer for an advice because I am really struggling emotionally but the lawyer said it my cost me up to 10k and I might lose as well.
The whole situation make me anxious and scared I will end up alone in UK. My ex says stuff to me like 'live child here and go back and you can visit' or 'i cant live my friends and family' or 'you came here first'.
Anyone has an advice for me ?
Thank you
Hi there
It sounds like you could do with some structured advice. You can always contact our single parent helpline and they should be able to help you explore your options. I am also including another couple of contacts. They hopefully will be able to help you with legal advice. Hope this helps.
Gingerbread Single Parent Helpline – Freephone 0808 802 0925 Opening hours: Mon 10 – 6, Tues 10- 4, Wed 10 – 1 & 5 – 7, Thurs 10 – 4, Fri 10 – 4 They can be busy so callers can expect to wait up to 20 minutes before the call is answered.
Rights of Women: https://rightsofwomen.org.uk/get-advice/family-law/ Free, confidential legal advice by telephone for women on a wide variety of issues.
Child Law advice service https://childlawadvice.org.uk/ – they again provide legal advice on family law issues related to children, so if you are thinking of stopping contact they have information on their website about this, and a helpline staffed by legal specialists 0300 330 5480
Where is your country?
Its not a certain thing that you'd get permission to leave via court especially as the father wishes to be involved and is offering that you can return and be the non resident parent visiting the child. Which isn't what you want but is as equally as reasonable as what you want!
Though your argument of support network for you etc is good, you'd have to show how you would ensure that the father child relationship remained strong and lots of contact. Many are ordered to pay air fares etc for the child and other parent as it's you creating the barriers. Could you feasibly manage monthly airfares? Possibly even accommodation?
Your ex financially is responsible for the mortgage as are you. And it may be that you both need tovseek financial advice about this ASAP. As if it is repossessed neither of you gain and if you cannot manage it downsizing ur moving to a cheaper area is preferable than racking up debt.
Uktimarely though your child benefits from your family being local can you really say that this outweighs the benefit of seeing his dad regularly? From your post the focus is on your needs and a court would only be interested in the best needs of your child. Which maybe very different.
I am from Cyprus.
The father wishes to be involved and by all means I am not willing to stop him but I will encourage this. The deal he offered for me to visit is not feasible and he knows it as noone here in UK will be willing to assist him bringing up our child. Also he knows I do 90% of the parenting and he knows I will never leave our child.
The support network is not just for me, in fact initially is for our child. I have a big family that I grew up with and we are very close to each other and so is the children. I offered to my ex 1)work things out between us 2) relocate with me and he can visit often his family and friends 3)let me go and until our child is old enough I am willing to visit for all my 20days holidays I will have from work. On top, I offer accommodation in Cyprus , a support system for him as well, help with the tickets as much as I can and also, he can keep the house. I am talking about daily contact, going to English School etc. What bothers me is that he only offers (realistically) me to stay in the country.
I really dont want to end up in Court because I think it will destroy both of us. We will lose money we dont have and at the end one parent will lose resenting the other one. I dont want a Court to make decisions about us and our child, since we know each other better.
The finances is not terribly important right now as I think sooner or later it will be resolved.
Why wouldnt they allow a woman to go back to her country. This is not fair and its pretty much a trap. Especially is the separation is not my decision
thank you
Thank you Justine, i will contact them
The reason being that you opted to have a child with a UK national in the UK. As such he does have the right to try and block such a move. Your child is British by birth. With the whole brexit issue this isn't as cleat cut as before.
As much as what you say you're offering sounds great from your perspective, it's not sustainable to say you'll use all 20 days holidays, that's not reality longterm. Likewise help as much as you can with the tickets is not "fair" either as that suggests he will be liable for the majority which could be £200 a time. To see his child.
The home situation is generous assuming that this is of some real value, but doesn't actually give him anything liquid just capital to be at the same point he is in right now. A home.
Regardless of whether you think his request is reasonable he doesn't see yours as reasonable.
You're right in trying to negate what he will say, by saying will have ano English school etc. But you really need to plan out how you will mitigate the rest. Eg how frequently and for how long will he get to see his child? Weekly Skype? Guarantee that you will pay say 2 years of flights for this schedule you propose. Etc.
You are right, i need to have by the sounds of it more specific plan to propose.
Regarding the holiday, I could use all the holiday to make sure our child sees dad, until our child can travel alone.
Also, the tickets, if booked in advance you could pay only £50. I could suggest further to not pay child maintenance and use the money to visit?
Skype contact could and i think should be every night. With the technology and internet everywhere I see no reason not to?
About the home… He doesnt earn much so , if I take the home I doubt it he will be ever in a position to buy a house now. I put down the deposit and paid the fees.
This is such a nightmare for everyone
It is a horrible time for you all and sadly one of you will lose more than the other.
Try to make a plan and keep it child focussed.
Good luck.
Hi Manica, I am in a similar situation (I come from a Mediterranean country and I believe I know what you mean in terms of having family around), however I came to the conclusion it would be really unfair on my children. Obviously all depends on the circumstances, but you'd have to prove you will be able to support financially your children there and how, you'll provide suitable accommodation and why it'd be better for the children there. My kids are British, I have been living here for over a decade, I built a good network and I have a permanent job here (which I wouldn't be able to have back home). The main point however is that they have a father who wants to be involved and taking that from them would be a mistake on my part. Sunshine and cousins are important, but a loving father is more important and children do come first.Whatever decision you make, it'll take time to implement it. So I'd suggest building the network you need in the UK in the meantime as this would help massively in the time being. Good luck with your choice
Hi Valina,
You are right, if my child was 10 even started school I wouldn't think the same. Its more difficult as they get older
However my child just turned two and not him or me have a circle. His dad will go out and meet his family and all and we are at home.
Financially I came to the conclusion that I am better off there because I already have a place to stay.
I dont want to take their father away, but i think he already removed himself from the picture, he is not offering any financial support his effort is below minimum
Also dad says that wants to get involved and all but he is not actually being involved. ie: he doesnt spend his time off with him but only the time he wants to which is 1-2 hours a day if that. For example now he is on holiday for 3 days and last night i called him to ask if he wanted to speak to our child and he said : I will not need to speak to you until i am back. That really pissed me off to tell you the truth. What kind of father that wants to be involved says that? I actually came to think that he wants me around to raise our child while he lives his life.
I dont think he cares about our child but he cares about making me miserable.
Hi Manica, I would advise consulting a lawyer and do a lot of prep. You will be requested to prove that moving is in the interest of the child and the father is still having daily contact (not sure about the telephone call, to be honest. I don't think talking with a 2yo over the phone would make a lot of sense. But I know what you mean, he could have made an effort). Is there a reason why you don't have a network? if you live in a small town, maybe moving somewhere bigger where there are plenty of activities for children going on so you can also socialise with other parents? I live in a medium sized city and there is a big community of my nationality, which helps a lot.
Hi Valina,
thank you for the message.
We were initially living elsewhere where i had friends but we moved to this area to be close to his friends and family and buy a house since we were having a baby. After I gave birth I am not as social and also I have a child which limits the times I can go out. Also.. not a lot of people around from where I come from. I know a few but they are all couples and not into socializing. Also, noone liked my ex so we dont meet much. Even if i moved back to where i have friends and a GR community it will be as difficult for the father to visit as to come to my home country… ( i thought of that)
Dont get me wrong, I know people here. But its not the same as family. Friends will visit and we will meet them but families are different. It takes a village to raise a child and me and my mother is hardly a village.. .


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Chandigarh: The Metro project for Chandigarh and its peripheral areas will now cost Rs 13,600 crore. In a revised detailed project report (DPR) submitted by the Delhi Metro Rail Corporation (DMRC) to the Chandigarh Administration, the cost of the project has been pegged at Rs 2,700 crore more than the earlier estimated cost of Rs 10,900 crore.
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