Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1814
                        Barcode 352054
                            CHAMBER ACTION
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11  The Committee on Transportation (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 320.13, Florida
19  Statutes, is amended to read:
20         320.13  Dealer and manufacturer license plates and
21  alternative method of registration.--
22         (1)(a)  Any licensed motor vehicle dealer and any
23  licensed mobile home dealer may, upon payment of the license
24  tax imposed by s. 320.08(12), secure one or more dealer
25  license plates, which are valid for use on motor vehicles or
26  mobile homes owned by the dealer to whom such plates are
27  issued while the motor vehicles are in inventory and for sale,
28  or while being operated in connection with such dealer's
29  business, as defined in s. 320.60(3), but are not valid for
30  use for hire. Dealer license plates may not be used on any tow
31  truck or wrecker unless the tow truck or wrecker is being
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 demonstrated for sale, and the dealer license plates may not 2 be used on a vehicle used to transport another motor vehicle 3 for the motor vehicle dealer. 4 (b)1. Marine boat trailer dealers and manufacturers 5 may, upon payment of the license taxes imposed by s. 6 320.08(12), secure one or more dealer plates, which are valid 7 for use on boat trailers owned by the dealer to whom such 8 plates are issued while being used in connection with such 9 dealer's business, but are not valid for use for hire. 10 2. It is the intent of the Legislature that the method 11 currently used to license marine boat trailer dealers to do 12 business in the state, that is, by an occupational license 13 issued by the city or county, not be changed. The department 14 shall not interpret this act to mean that it is empowered to 15 license such dealers to do business. An occupational license 16 tax certificate shall be sufficient proof upon which the 17 department may issue dealer license plates. 18 Section 2. Subsection (3) of section 320.60, Florida 19 Statutes, is amended, and subsection (17) is added to that 20 section, to read: 21 320.60 Definitions for ss. 320.61-320.70.--Whenever 22 used in ss. 320.61-320.70, unless the context otherwise 23 requires, the following words and terms have the following 24 meanings: 25 (3) "Demonstrator" means any new motor vehicle which 26 is carried on the records of the dealer as a demonstrator and 27 is used by, being inspected or driven by the dealer or his or 28 her employees, or while being operated or driven, with the 29 permission of such motor vehicle dealer, by an owner, officer, 30 employee, or independent contractor of a motor vehicle dealer 31 or by a member of such owner's, officer's, or employee's 2 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 immediate family, or driven by prospective customers for the 2 purpose of demonstrating vehicle characteristics in the sale 3 or display of motor vehicles sold by the dealer. 4 (17) "Existing franchised motor vehicle dealer" means 5 any motor vehicle dealer that has a franchise agreement with a 6 licensee. For purposes of notice and identification under s. 7 320.642 only, all dealer locations of an existing motor 8 vehicle dealer or a person that is subject to an unexpired 9 final order permitting the establishment of an additional 10 location or a relocation, where the location is not yet open 11 for business, will be entitled to the same notice and protest 12 rights as an existing dealer under the provisions of s. 13 320.642. A final order expires upon the failure of the dealer 14 or other person that is authorized to establish a location or 15 to relocate to become established at the proposed location 16 within the period provided by law or rule. 17 Section 3. Subsection (36) is added to section 320.64, 18 Florida Statutes, to read: 19 320.64 Denial, suspension, or revocation of license; 20 grounds.--A license of a licensee under s. 320.61 may be 21 denied, suspended, or revoked within the entire state or at 22 any specific location or locations within the state at which 23 the applicant or licensee engages or proposes to engage in 24 business, upon proof that the section was violated with 25 sufficient frequency to establish a pattern of wrongdoing, and 26 a licensee or applicant shall be liable for claims and 27 remedies provided in ss. 320.695 and 320.697 for any violation 28 of any of the following provisions. A licensee is prohibited 29 from committing the following acts: 30 (36)(a) Notwithstanding the terms of any franchise 31 agreement, after termination of a franchise an applicant or 3 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 licensee has failed to pay to the motor vehicle dealer all of 2 the following amounts: 3 1. The net cost paid by the dealer for each new motor 4 vehicle in the dealer's inventory with mileage of 6,000 miles 5 or less, exclusive of mileage placed on the vehicle before it 6 was delivered to the dealer, provided that for every mile in 7 excess of 1,000 miles there shall be a reduction of the 8 required repurchase price at a rate equivalent to the 9 then-prevailing rate promulgated by the Internal Revenue 10 Service. 11 2. The cost paid by the dealer for each new, unused, 12 undamaged, and unsold part or accessory that: 13 a. Is in the current parts catalog and is still in the 14 original, resalable merchandising package and in an unbroken 15 lot, except that, in the case of sheet metal, a comparable 16 substitute for the original package may be used; and 17 b. Was purchased by the dealer either directly from 18 the manufacturer or distributor or was purchased from an 19 outgoing authorized dealer as a part of the dealer's initial 20 inventory. 21 3. The fair market value of each undamaged sign, 22 excluding normal wear and tear, owned by the dealer that bears 23 a trademark or trade name used or claimed by the applicant or 24 licensee or a representative of the applicant or licensee and 25 that was purchased from or at the request of the applicant or 26 licensee or a representative of the applicant or licensee. 27 4. The fair market value of all special tools, data 28 processing equipment, and automotive service equipment owned 29 by the dealer that: 30 a. Were recommended in writing by the applicant or 31 licensee or a representative of the applicant or licensee and 4 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 designated as special tools and equipment; 2 b. Were purchased from or at the request of the 3 applicant or licensee or a representative of the applicant or 4 licensee; and 5 c. Are in usable and good condition except for 6 reasonable wear and tear. 7 5. The cost of transporting, handling, packing, 8 storing, and loading any property subject to repurchase under 9 this section. 10 (b) This subsection does not apply to terminations, 11 cancellations, and nonrenewals that are implemented as a 12 result of the sale of the assets or stock of the dealer. The 13 dealer shall return the property listed in this subsection to 14 the licensee within 90 days after the effective date of the 15 termination, cancellation, or nonrenewal. The licensee shall 16 supply the new vehicle dealer with reasonable instructions on 17 the method by which the new vehicle dealer must return the 18 property to the licensee. The compensation for the property 19 shall be paid by the licensee within 60 days after the tender 20 of inventory and other items, provided the new motor vehicle 21 dealer has clear title to the inventory and other items and is 22 in a position to convey that title to the manufacturer or 23 distributor. In the event the inventory or other items are 24 subject to a security interest, the licensee may make payment 25 jointly to the new motor vehicle dealer and the holder of the 26 security interest. 27 28 A motor vehicle dealer who can demonstrate that a violation 29 of, or failure to comply with, any of the preceding provisions 30 by an applicant or licensee will or can adversely and 31 pecuniarily affect the complaining dealer, shall be entitled 5 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 to pursue all of the remedies, procedures, and rights of 2 recovery available under ss. 320.695 and 320.697. 3 Section 4. Subsection (1) of section 320.641, Florida 4 Statutes, is amended to read: 5 320.641 Discontinuations, cancellations, nonrenewals, 6 modifications, and replacement of franchise agreements.-- 7 (1)(a) An applicant or licensee shall give written 8 notice to the motor vehicle dealer and the department of the 9 licensee's intention to discontinue, cancel, or fail to renew 10 a franchise agreement or of the licensee's intention to modify 11 a franchise or replace a franchise with a succeeding 12 franchise, which modification or replacement will adversely 13 alter the rights or obligations of a motor vehicle dealer 14 under an existing franchise agreement or will substantially 15 impair the sales, service obligations, or investment of the 16 motor vehicle dealer, at least 90 days before the effective 17 date thereof, together with the specific grounds for such 18 action. 19 (b) The failure by the licensee to comply with the 20 90-day notice period and procedure prescribed herein shall 21 render voidable, at the option of the motor vehicle dealer, 22 any discontinuation, cancellation, nonrenewal, modification, 23 or replacement of any franchise agreement. Designation of a 24 franchise agreement at a specific location as a "nondesignated 25 point" shall be deemed an evasion of this section and 26 constitutes an unfair cancellation. 27 (c) If the notice required in paragraph (a) is based 28 upon an alleged failure of the dealer to comply with the 29 obligations of the dealer agreement with respect to the 30 performance of sales or service obligations, the applicant or 31 licensee shall transmit to the dealer a notice of default not 6 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 less than 180 days prior to transmission of the notice 2 required in paragraph (a). The notice of default under this 3 paragraph shall specify the sales and service deficiencies 4 alleged by the applicant or licensee and afford the dealer a 5 period of time of not less than 180 days to cure those 6 deficiencies. 7 Section 5. Subsections (2), (3), and (5) of section 8 320.642, Florida Statutes, are amended, and subsection (7) is 9 added to that section, to read: 10 320.642 Dealer licenses in areas previously served; 11 procedure.-- 12 (2)(a) An application for a motor vehicle dealer 13 license in any community or territory shall be denied when: 14 1. A timely protest is filed by a presently existing 15 franchised motor vehicle dealer with standing to protest as 16 defined in subsection (3); and 17 2. The licensee fails to show that the existing 18 franchised dealer or dealers who register new motor vehicle 19 retail sales or retail leases of the same line-make in the 20 community or territory of the proposed dealership are not 21 providing adequate representation of such line-make motor 22 vehicles in such community or territory as a whole and not 23 with respect to any part thereof or identifiable plot therein. 24 The burden of proof in establishing inadequate representation 25 shall be on the licensee. 26 (b) In determining whether the existing franchised 27 motor vehicle dealer or dealers are providing adequate 28 representation in the community or territory for the 29 line-make, the department shall may consider evidence 30 including which may include, but is not limited to: 31 1. The impact of the establishment of the proposed or 7 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 relocated dealer on the consumers, public interest, existing 2 dealers, and the licensee; provided, however, that financial 3 impact may only be considered with respect to the protesting 4 dealer or dealers. 5 2. The size and permanency of investment reasonably 6 made and reasonable obligations incurred by the existing 7 dealer or dealers to perform their obligations under the 8 dealer agreement. 9 3. The reasonably expected market penetration of the 10 line-make motor vehicle for the community or territory 11 involved, after consideration of all factors which may affect 12 said penetration, including, but not limited to, demographic 13 factors such as age, income, education, size class preference, 14 product popularity, retail lease transactions, whether located 15 in a metropolitan or nonmetropolitan area, or other factors 16 affecting sales to consumers of the community or territory. 17 With respect to any geographic comparison area used to 18 evaluate the performance of the line-make within the community 19 or territory, the comparison area may not be smaller than an 20 entire county and may not include any geographic area located 21 outside this state. Reasonably expected market penetration 22 shall be measured with respect to the community or territory 23 as a whole and not with respect to any part thereof or 24 identifiable plot therein. In order to satisfy its burden of 25 proof under this section, the licensee must prove that any 26 deviation or shortfall in market penetration from a reasonable 27 comparison area is substantial and significant, considering 28 factors including, but not limited to, the size of the 29 community or territory and the projected sales of the proposed 30 dealership. 31 4. Any actions by the licensees in denying its 8 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 existing dealer or dealers of the same line-make the 2 opportunity for reasonable growth, market expansion, or 3 relocation, including the availability of line-make vehicles 4 in keeping with the reasonable expectations of the licensee in 5 providing an adequate number of dealers in the community or 6 territory. 7 5. Any attempts by the licensee to coerce the existing 8 dealer or dealers into consenting to additional or relocated 9 franchises of the same line-make in the community or 10 territory. 11 6. Distance, travel time, traffic patterns, and 12 accessibility between the existing dealer or dealers of the 13 same line-make and the location of the proposed additional or 14 relocated dealer. 15 7. Whether benefits to consumers will likely occur 16 from the establishment or relocation of the dealership which 17 cannot be obtained by other geographic or demographic changes 18 or expected changes in the community or territory. 19 8. Whether the protesting dealer or dealers are in 20 substantial compliance with their dealer agreement. 21 9. Whether there is adequate interbrand and intrabrand 22 competition with respect to said line-make in the community or 23 territory and adequately convenient consumer care for the 24 motor vehicles of the line-make, including the adequacy of 25 sales and service facilities. 26 10. Whether the establishment or relocation of the 27 proposed dealership appears to be warranted and justified 28 based on economic and marketing conditions pertinent to 29 dealers competing in the community or territory, including 30 anticipated future changes. 31 11. The volume of registrations and service business 9 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 transacted by the existing dealer or dealers of the same 2 line-make in the relevant community or territory of the 3 proposed dealership. 4 (3) An existing franchised motor vehicle dealer or 5 dealers shall have standing to protest a proposed additional 6 or relocated motor vehicle dealer where the existing motor 7 vehicle dealer or dealers have a franchise agreement for the 8 same line-make vehicle to be sold or serviced by the proposed 9 additional or relocated motor vehicle dealer and are 10 physically located so as to meet or satisfy any of the 11 following requirements or conditions: 12 (a) If the proposed additional or relocated motor 13 vehicle dealer is to be located in a county with a population 14 of less than 300,000 according to the most recent data of the 15 United States Census Bureau or the data of the Bureau of 16 Economic and Business Research of the University of Florida: 17 1. The proposed additional or relocated motor vehicle 18 dealer is to be located in the area designated or described as 19 the area of responsibility, or such similarly designated area, 20 including the entire area designated as a multiple-point area, 21 in the franchise agreement or in any related document or 22 commitment with the existing motor vehicle dealer or dealers 23 of the same line-make as such agreement existed upon October 24 1, 1988; 25 2. The existing motor vehicle dealer or dealers of the 26 same line-make have a licensed franchise location within a 27 radius of 20 miles of the location of the proposed additional 28 or relocated motor vehicle dealer; or 29 3. Any existing motor vehicle dealer or dealers of the 30 same line-make can establish that, during any consecutive 31 12-month period of the 36-month period preceding the month in 10 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 which the publication of the proposed additional or relocated 2 dealership appears in the Florida Administrative Weekly, 3 filing of the licensee's application for the proposed 4 dealership, such dealer or its predecessor made 25 percent of 5 the its retail sales or leases of new motor vehicles made by 6 such dealer or its predecessor were to persons or entities 7 that whose registered the purchased or leased vehicle to an 8 address household addresses were located within a radius of 20 9 miles of the geometric centroid of the property that will 10 encompass all location of the proposed additional or relocated 11 motor vehicle dealer operations; provided such existing dealer 12 is located in the same county or any county contiguous to the 13 county where the additional or relocated dealer is proposed to 14 be located. 15 (b) If the proposed additional or relocated motor 16 vehicle dealer is to be located in a county with a population 17 of more than 300,000 according to the most recent data of the 18 United States Census Bureau or the data of the Bureau of 19 Economic and Business Research of the University of Florida: 20 1. Any existing motor vehicle dealer or dealers of the 21 same line-make have a licensed franchise location within a 22 radius of 12.5 miles of the location of the proposed 23 additional or relocated motor vehicle dealer; or 24 2. Any existing motor vehicle dealer or dealers of the 25 same line-make can establish that, during any consecutive 26 12-month period of the 36-month period preceding the month in 27 which the publication of the proposed additional or relocated 28 dealership appears in the Florida Administrative Weekly, 29 filing of the licensee's application for the proposed 30 dealership, such dealer or its predecessor made 25 percent of 31 the its retail sales or leases of new motor vehicles made by 11 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 such dealer or its predecessor were to persons or entities 2 that whose registered the purchased or leased vehicle to an 3 address household addresses were located within a radius of 4 12.5 miles of the geometric centroid of the property that will 5 encompass all location of the proposed additional or relocated 6 motor vehicle dealer; provided such existing dealer is located 7 in the same county or any county contiguous to the county 8 where the additional or relocated dealer is proposed to be 9 located. 10 (c) The date of sale shall be the later of the dates 11 on which the sale is reported to the licensee or the 12 department. In the event of a conflict between the address 13 listed by the purchaser on the registration with the licensee 14 and that listed on the registration with the department, the 15 address listed with the department shall be used. 16 (5)(a) The opening or reopening of the same or a 17 successor motor vehicle dealer within 12 months after the date 18 that the department revokes a previously issued license and 19 all legal proceedings, including appeal, regarding such 20 revocation are completed, or the dealer voluntarily terminates 21 the previously issued license, or the opening of a relocated 22 dealer within 12 months after the date that the department 23 approves an application for change of address, shall not be 24 considered an additional motor vehicle dealer subject to 25 protest within the meaning of this section, if: 26 1.(a) The opening or reopening is within the same or 27 an adjacent county and, is within 2 miles of the former motor 28 vehicle dealer location;, 29 2.(b) There is no dealer within 25 miles of the 30 proposed location or the proposed location is further from 31 each existing dealer of the same line-make than the prior 12 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 location is from each dealer of the same line-make within 25 2 miles of the new location;, 3 3.(c) The opening or reopening is within 6 miles of 4 the prior location and, if any existing motor vehicle dealer 5 of the same line-make is located within 15 miles of the former 6 location, the proposed location is no closer to any existing 7 dealer of the same line-make within 15 miles of the proposed 8 location;, or 9 4.(d) The opening or reopening is within 6 miles of 10 the prior location and, if all existing motor vehicle dealers 11 of the same line-make are beyond 15 miles of the former 12 location, the proposed location is further than 15 miles from 13 any existing motor vehicle dealer of the same line-make. 14 15 Any other such opening or reopening shall constitute an 16 additional motor vehicle dealer within the meaning of this 17 section. 18 (b) If an opening or reopening is accomplished under 19 the terms of this subsection and therefore is not considered 20 an additional motor vehicle dealer subject to protest, the 21 licensee may not notice an additional motor vehicle dealer of 22 the same line-make that is to be located within 4 miles from 23 the previous location for a period of 2 years after the date 24 of the exempt relocation. 25 (7) All measurements required by this section of the 26 distance between existing motor vehicle dealer locations or 27 existing motor vehicle dealer locations and a proposed motor 28 vehicle dealer's location shall be taken from the geometric 29 centroid of the property that encompasses all of the existing 30 or proposed motor vehicle dealer operations. 31 Section 6. Subsection (5) of section 320.643, Florida 13 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 Statutes, is renumbered as subsection (6) and a new subsection 2 (5) is added to that section to read: 3 320.643 Transfer, assignment, or sale of franchise 4 agreements.-- 5 (5) A transferee proposing to simultaneously relocate 6 motor vehicle dealership operations in conjunction with an 7 asset purchase under subsection (1) or an equity purchase 8 under subsection (2) may not be required to comply with the 9 location requirements of the franchise agreement then in 10 effect and the proposal shall be subject to this section if: 11 (a) The proposed relocation is a relocation exempt 12 from protest and not considered as an additional motor vehicle 13 dealer under s. 320.642(5)(a)1.; 14 (b) The proposed dealership's facility satisfies 15 facility requirements in effect between the licensee and the 16 dealer proposing the transfer at the time the transfer is 17 proposed; and 18 (c) The proposed facility is otherwise an appropriate 19 location, taking into account the accessibility and 20 convenience to consumers of the proposed location, the 21 location of other dealers of the same line-make, and other 22 factors related to the appropriateness of the facility for its 23 proposed use, and whether the proposed dealership facility and 24 dealership operations are separate from any other line-makes. 25 Section 7. Subsection (3) is added to section 320.699, 26 Florida Statutes, to read: 27 320.699 Administrative hearings and adjudications; 28 procedure.-- 29 (3) If a complaint is filed under s. 320.641, except a 30 complaint filed under s. 320.641(5), a hearing shall be held 31 not sooner than 180 days and not later than 240 days after the 14 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 date of filing of the complaint unless the time is extended by 2 the administrative law judge for good cause shown. This 3 subsection governs the schedule of hearings in lieu of any 4 other provision of law with respect to an administrative 5 hearing conducted by the Department of Highway Safety and 6 Motor Vehicles or the Division of Administrative Hearings. 7 Section 8. This act shall take effect July 1, 2005. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to franchised motor vehicle 17 dealers; amending s. 320.13, F.S.; specifying a 18 definition for purposes of provisions for 19 issuance of dealer license plates; amending s. 20 320.60, F.S.; revising the definition of the 21 term "demonstrator"; defining the term 22 "existing franchised motor vehicle dealer"; 23 amending s. 320.64, F.S.; prohibiting applicant 24 or licensee failure to pay certain costs and 25 amounts to a dealer after termination of 26 franchise; providing that the prohibition does 27 not apply to terminations, cancellations, or 28 nonrenewals implemented as a result of the sale 29 of assets or stock of the dealer; requiring 30 that certain procedures be followed; amending 31 s. 320.641, F.S.; providing procedures for 15 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 discontinuation, cancellation, nonrenewal, 2 modification, or replacement of a franchise 3 agreement based upon an alleged failure of the 4 dealer to comply with certain sales or service 5 obligations; amending s. 320.642, F.S.; 6 revising criteria and procedures to establish 7 an additional dealership or relocate an 8 existing dealer in an area where the same 9 line-make vehicle is presently represented; 10 revising provisions for determination by the 11 Department of Highway Safety and Motor Vehicles 12 that the existing franchised motor vehicle 13 dealer or dealers are providing adequate 14 representation; revising criteria for protest 15 by an existing dealer; revising provisions 16 excluding certain openings and reopenings from 17 consideration as an additional or relocated 18 motor vehicle dealer; prohibiting notice of an 19 additional dealer for a certain period of time 20 within a certain distance from a dealer that 21 was opened or reopened and not considered an 22 additional dealer subject to protest; requiring 23 distance between sites to be measured from the 24 geometric centroid of each site; amending s. 25 320.643, F.S.; exempting a transferee from 26 location requirements in the franchise 27 agreement when the transferee proposes to 28 simultaneously relocate dealership operations 29 in conjunction with the purchase of the 30 dealership under certain circumstances; 31 providing requirements for such proposals; 16 9:15 AM 04/08/05 s1814d-tr21-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1814 Barcode 352054 1 amending s. 320.699, F.S.; revising procedures 2 for administrative hearings; requiring a 3 certain schedule unless extended by the 4 administrative law judge under certain 5 conditions; providing an effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 9:15 AM 04/08/05 s1814d-tr21-ta1