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The Florida Senate

CS/HB 437 — Motor Vehicle Licenses

by Transportation and Highway Safety Subcommittee and Rep. Holder (CS/SB 740 by Transportation Committee and Senator Negron)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Transportation Committee (TR)

The bill amends s. 320.6992, F.S., to provide that the application of ss. 320.60-320.70, F.S., “including any amendments to ss. 320.60-320.70, F.S.,” apply to all existing or subsequently-established motor vehicle distribution systems in Florida, unless such application would impair valid contractual agreements in violation of the State or Federal Constitution.

The bill also amends s. 320.6992, F.S., to provide that ss. 320.60-320.70, F.S., “including any amendments to ss. 320.60-320.70, F.S., which have been or may be from time to time adopted unless the amendment specifically provides otherwise,” shall govern all agreements renewed, amended, or entered into subsequent to October 1, 1988.

The bill amends s. 320.60(14), F.S., to revise the term “line-make vehicles” to provide an exception that motor vehicles sold or leased under multiple brand names or marks constitute a single line-make when:

  • They are included in single franchise agreement; and
  • every motor vehicle dealer in Florida authorized to sell or lease any such vehicles has been offered the right to sell or lease all of the multiple brand names or marks covered by the single franchise agreement.

The definition provides that such multiple brand names or marks shall be considered individual franchises for purposes of s. 320.64(36), F.S., relating to licensee “buy-backs” of dealer equipment upon termination of a franchise contract.

If approved by the Governor, these provisions take effect July 1, 2011.
Vote:  Senate 38-1; House 116-0