Bill Text: FL S1484 | 2020 | Regular Session | Comm Sub

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Bill Title: Motor Vehicle Manufacturers and Dealers

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2020-03-14 - Died in Rules [S1484 Detail]

Download: Florida-2020-S1484-Comm_Sub.html

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       Florida Senate - 2020                      CS for CS for SB 1484
       
       
        
       By the Committees on Judiciary; and Infrastructure and Security;
       and Senator Diaz
       
       
       
       
       590-03950-20                                          20201484c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle manufacturers and
    3         dealers; amending s. 320.60, F.S.; redefining the term
    4         “line-make vehicle”; amending s. 320.605, F.S.;
    5         replacing legislative intent with legislative
    6         findings; amending s. 320.64, F.S.; revising a
    7         prohibition against certain applicants and licensees
    8         competing with franchised motor vehicle dealers in
    9         this state; defining the term “sale”; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (14) of section 320.60, Florida
   15  Statutes, is amended to read:
   16         320.60 Definitions for ss. 320.61-320.70.—Whenever used in
   17  ss. 320.61-320.70, unless the context otherwise requires, the
   18  following words and terms have the following meanings:
   19         (14) “Line-make vehicle” includes all models and types of
   20  motor vehicles, regardless of the kind of engine, power plant,
   21  or drive train they have; their design; or their intended use or
   22  classification, which are offered for retail sale, lease,
   23  license, subscription, or any other method of distribution under
   24  a common name, trademark, service mark, or brand name of the
   25  manufacturer of such vehicle. A line-make model or type that has
   26  been the subject of a franchise with a motor vehicle dealer in
   27  this state may not be sold or otherwise distributed or marketed
   28  in any way by an applicant or licensee other than through its
   29  franchised motor vehicle dealer, and, thereafter, may not be
   30  rebadged or otherwise marketed as a new line-make unless the
   31  manufacturer, importer, or distributor of such new line-make
   32  offers a franchise of that new line-make to every motor vehicle
   33  dealer that was franchised to sell that model or type before
   34  rebadging vehicles” are those motor vehicles which are offered
   35  for sale, lease, or distribution under a common name, trademark,
   36  service mark, or brand name of the manufacturer of same.
   37  However, motor vehicles sold or leased under multiple brand
   38  names or marks shall constitute a single line-make when they are
   39  included in a single franchise agreement and every motor vehicle
   40  dealer in this state authorized to sell or lease any such
   41  vehicles has been offered the right to sell or lease all of the
   42  multiple brand names or marks covered by the single franchise
   43  agreement. However Except, such multiple brand names or marks
   44  are shall be considered individual franchises for purposes of s.
   45  320.64(36).
   46         Section 2. Section 320.605, Florida Statutes, is amended to
   47  read:
   48         320.605 Legislative findings intent.—The Legislature finds
   49  and declares that the marketing and servicing of motor vehicles
   50  in this state vitally affects the general economy and the public
   51  health, safety, and welfare of its residents. The Legislature
   52  further finds and declares that a well-regulated motor vehicle
   53  franchise system in this state maintains fair competition;
   54  provides consumers with an organized and localized sales and
   55  service dealership network; provides tens of thousands of jobs
   56  for the residents of this state; protects consumers; provides
   57  consumers with quality warranty, repair, and recall facilities;
   58  allows the state to further, through licensing and regulation,
   59  the public’s interest in maintaining fair and harmonious
   60  relations between motor vehicle manufacturers, importers,
   61  distributors, and dealers; and provides minorities with
   62  opportunities for participation as motor vehicle dealers It is
   63  the intent of the Legislature to protect the public health,
   64  safety, and welfare of the citizens of the state by regulating
   65  the licensing of motor vehicle dealers and manufacturers,
   66  maintaining competition, providing consumer protection and fair
   67  trade and providing minorities with opportunities for full
   68  participation as motor vehicle dealers.
   69         Section 3. Subsection (23) of section 320.64, Florida
   70  Statutes, is amended to read:
   71         320.64 Denial, suspension, or revocation of license;
   72  grounds.—A license of a licensee under s. 320.61 may be denied,
   73  suspended, or revoked within the entire state or at any specific
   74  location or locations within the state at which the applicant or
   75  licensee engages or proposes to engage in business, upon proof
   76  that the section was violated with sufficient frequency to
   77  establish a pattern of wrongdoing, and a licensee or applicant
   78  shall be liable for claims and remedies provided in ss. 320.695
   79  and 320.697 for any violation of any of the following
   80  provisions. A licensee is prohibited from committing the
   81  following acts:
   82         (23) The applicant or licensee has competed, or is
   83  competing, or has attempted to compete with one of its
   84  franchised motor vehicle dealers in the sale or service of
   85  vehicles; in the sale of replacement parts, accessories, or
   86  after-market products; in collision repair; or in any other
   87  motor vehicle dealer activity related to the line-make for which
   88  the motor vehicle dealer in this state is a party to a franchise
   89  agreement with the applicant or licensee, except as permitted in
   90  s. 320.645. As used in this subsection, the term “sale” includes
   91  the sale, leasing, rental, licensing, subscription, or any other
   92  transfer to a retail consumer, a wholesaler, or a broker of
   93  title, possession, or use of a motor vehicle, replacement parts,
   94  or accessories that are the subject of, or covered in the
   95  franchise agreement with, the motor vehicle dealer. Nothing
   96  contained in the foregoing shall prevent a common entity of an
   97  applicant or licensee from selling replacement parts,
   98  accessories, or after-market products under the common entity’s
   99  brand name with respect to any activity covered by the franchise
  100  agreement with a motor vehicle dealer of the same line-make
  101  located in this state with whom the applicant or licensee has
  102  entered into a franchise agreement, except as permitted in s.
  103  320.645.
  104  
  105  A motor vehicle dealer who can demonstrate that a violation of,
  106  or failure to comply with, any of the preceding provisions by an
  107  applicant or licensee will or may adversely and pecuniarily
  108  affect the complaining dealer, shall be entitled to pursue all
  109  of the remedies, procedures, and rights of recovery available
  110  under ss. 320.695 and 320.697.
  111         Section 4. This act shall take effect July 1, 2020.