HOUSE AMENDMENT
                                   Bill No. CS/CS/HB 807, 1st Eng.
    Amendment No. e12 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Gardiner offered the following:
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13         Amendment to Amendment (145343) 
14         On page 66, line 5-9,
15  remove from the amendment:  all of said lines
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17  and insert in lieu thereof:  
18         Section 42.  Section 320.64, Florida Statutes, is
19  amended to read:
20  
21         and on page 66, between lines 24 & 25,
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23  insert:  
24         (1)  The applicant or licensee is determined to be
25  unable to carry out contractual obligations with its motor
26  vehicle dealers.
27         (2)  The applicant or licensee has knowingly made a
28  material misstatement in its application for a license.
29         (3)  The applicant or licensee willfully has failed to
30  comply with significant provisions of ss. 320.60-320.70 or
31  with any lawful rule or regulation adopted or promulgated by
                                  1
    File original & 9 copies    05/02/01                          
    htr0002                     02:01 pm         00807-0040-612051

HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 the department. 2 (4) The applicant or licensee has indulged in any 3 illegal act relating to his or her business. 4 (5) The applicant or licensee has coerced or attempted 5 to coerce any motor vehicle dealer into accepting delivery of 6 any motor vehicle or vehicles or parts or accessories therefor 7 or any other commodities which have not been ordered by the 8 dealer. 9 (6) The applicant or licensee has coerced or attempted 10 to coerce any motor vehicle dealer to enter into any agreement 11 with the licensee. 12 (7) The applicant or licensee has threatened to 13 discontinue, cancel, or not to renew a franchise agreement of 14 a licensed motor vehicle dealer, where the threatened 15 discontinuation, cancellation, or nonrenewal, if implemented, 16 would be in violation of any of the provisions of s. 320.641. 17 (8) The applicant or licensee discontinued, canceled, 18 or failed to renew, a franchise agreement of a licensed motor 19 vehicle dealer in violation of any of the provisions of s. 20 320.641. 21 (9) The applicant or licensee has threatened to modify 22 or replace, or has modified or replaced, a franchise agreement 23 with a succeeding franchise agreement which would adversely 24 alter the rights or obligations of a motor vehicle dealer 25 under an existing franchise agreement or which substantially 26 impairs the sales, service obligations, or investment of the 27 motor vehicle dealer. 28 (10) The applicant or licensee has attempted to enter, 29 or has entered, into a franchise agreement with a motor 30 vehicle dealer who does not, at the time of the franchise 31 agreement, have proper facilities to provide the services to 2 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 his or her purchasers of new motor vehicles which are covered 2 by the new motor vehicle warranty issued by the applicant or 3 licensee. 4 (11) The applicant or licensee has coerced a motor 5 vehicle dealer to provide installment financing for the motor 6 vehicle dealer's purchasers with a specified financial 7 institution. 8 (12) The applicant or licensee has advertised, 9 printed, displayed, published, distributed, broadcast, or 10 televised, or caused or permitted to be advertised, printed, 11 displayed, published, distributed, broadcast, or televised, in 12 any manner whatsoever, any statement or representation with 13 regard to the sale or financing of motor vehicles which is 14 false, deceptive, or misleading. 15 (13) The applicant or licensee has refused to deliver, 16 in reasonable quantities and within a reasonable time, to any 17 duly licensed motor vehicle dealer who has an agreement with 18 such applicant or licensee for the retail sale of new motor 19 vehicles and parts for motor vehicles sold or distributed by 20 the applicant or licensee, any such motor vehicles or parts as 21 are covered by such agreement specifically publicly advertised 22 by such applicant or licensee to be available for immediate 23 delivery. However, the failure to deliver any motor vehicle 24 or part will not be considered a violation of this section if 25 the failure is due to act of God, work stoppage, or delay due 26 to a strike or labor difficulty, a freight embargo, product 27 shortage, or other cause over which the applicant or licensee 28 has no control. The failure to deliver parts or components for 29 the current and 5 preceding years' models within 60 days from 30 date of order shall be deemed prima facie unreasonable. 31 (13)(14) The applicant or licensee has sold, 3 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 exchanged, or rented a motorcycle which produces in excess of 2 5 brake horsepower, knowing the use thereof to be by, or 3 intended for, the holder of a restricted Florida driver's 4 license. 5 (14)(15) The applicant or licensee has engaged in 6 previous conduct which would have been a ground for revocation 7 or suspension of a license if the applicant or licensee had 8 been licensed. 9 (16) Notwithstanding the terms of any franchise 10 agreement, and unless it can be shown that the licensee's 11 franchised dealer is actively negligent, the applicant or 12 licensee has failed to indemnify and hold harmless its 13 franchised motor vehicle dealer against any judgment for 14 damages or settlement agreed to in writing by the applicant or 15 licensee, including, but not limited to, court costs and 16 reasonable attorney's fees of the motor vehicle dealer, which 17 judgment or settlement arose out of complaints, claims, or 18 lawsuits based upon such grounds as strict liability; 19 negligence; misrepresentation; warranty, express or implied; 20 or rescission of the sale as described in s. 672.608, less any 21 offset for use recovered by the licensee's franchised motor 22 vehicle dealer, and only to the extent that the judgment or 23 settlement relates to the alleged defective or negligent 24 manufacture, assembly, or design of new motor vehicles, parts, 25 or accessories or other functions of the manufacturer. 26 (15)(17) The applicant or licensee, directly or 27 indirectly, through the actions of any parent of the licensee, 28 subsidiary of the licensee, or common entity causes a 29 termination, cancellation, or nonrenewal of a franchise 30 agreement by a present or previous distributor or importer 31 unless, by the effective date of such action, the applicant or 4 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 licensee offers the motor vehicle dealer whose franchise 2 agreement is terminated, canceled, or not renewed a franchise 3 agreement containing substantially the same provisions 4 contained in the previous franchise agreement or files an 5 affidavit with the department acknowledging its undertaking to 6 assume and fulfill the rights, duties, and obligations of its 7 predecessor distributor or importer under the terminated, 8 canceled, or nonrenewed franchise agreement and the same is 9 reinstated. 10 (16)(18) Notwithstanding the terms of any franchise 11 agreement, the applicant or licensee prevents or refuses to 12 accept the succession to any interest in a franchise agreement 13 by any legal heir or devisee under the will of a motor vehicle 14 dealer or under the laws of descent and distribution of this 15 state; provided, the applicant or licensee is not required to 16 accept a succession where such heir or devisee does not meet 17 licensee's written, reasonable, and uniformly applied minimal 18 standard qualifications for dealer applicants or which, after 19 notice and administrative hearing pursuant to chapter 120, is 20 demonstrated to be detrimental to the public interest or to 21 the representation of the applicant or licensee. Nothing 22 contained herein, however, shall prevent a motor vehicle 23 dealer, during his or her lifetime, from designating any 24 person as his or her successor in interest by written 25 instrument filed with and accepted by the applicant or 26 licensee. A licensee who rejects the successor transferee 27 under this subsection shall have the burden of establishing in 28 any proceeding where such rejection is in issue that the 29 rejection of the successor transferee complies with this 30 subsection. 31 (17)(19) The applicant or licensee has included in any 5 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 franchise agreement with a motor vehicle dealer terms or 2 provisions that are contrary to, prohibited by, or otherwise 3 inconsistent with the provisions contained in ss. 4 320.60-320.70, or has failed to include in such franchise 5 agreement a provision conforming to the requirements of s. 6 320.63(3). 7 8 and on page 67, between lines 5 & 6 9 10 insert: 11 (19)(21) The applicant or licensee, without good and 12 fair cause, has delayed, refused, or failed to provide a 13 supply of motor vehicles by series in reasonable quantities, 14 including the models publicly advertised by the applicant or 15 licensee as being available, or has delayed, refused, or 16 failed to deliver motor vehicle parts and accessories within a 17 reasonable time after receipt of an order by a franchised 18 dealer. However, this subsection is not violated if such 19 failure is caused by acts or causes beyond the control of the 20 applicant or licensee. 21 (20)(22) The applicant or licensee has required, or 22 threatened to require, a motor vehicle dealer to prospectively 23 assent to a release, assignment, novation, waiver, or 24 estoppel, which instrument or document operates, or is 25 intended by the applicant or licensee to operate, to relieve 26 any person from any liability or obligation under the 27 provisions of ss. 320.60-320.70. 28 (21)(23) The applicant or licensee has threatened or 29 coerced a motor vehicle dealer toward conduct or action 30 whereby the dealer would waive or forego its right to protest 31 the establishment or relocation of a motor vehicle dealer in 6 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 the community or territory serviced by the threatened or 2 coerced dealer. 3 4 and on page 71, between lines 9 & 10 5 6 insert: 7 8 A motor vehicle dealer who can demonstrate that a violation 9 of, or failure to comply with, any of the preceding provisions 10 by an applicant or licensee will or can adversely and 11 pecuniarily affect the complaining dealer, shall be entitled 12 to pursue all of the remedies, procedures, and rights of 13 recovery available under ss. 320.695 and 320.697. 14 15 and on page 71, line 11, 16 remove from the bill: and a new subsection (8) is added 17 18 and on page 74, line 30, 19 remove from the bill: 320.643., 20 21 and insert in lieu thereof: 320.643. 22 23 and on page 75, line 19, 24 remove from the bill: all of said line 25 26 and insert in lieu thereof: dismissed with prejudice as moot. 27 This subsection applies 28 On page 77, lines 4-7, 29 remove from the bill: all of said lines 30 31 and insert in lieu thereof: complaint within 30 days after 7 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051
HOUSE AMENDMENT Bill No. CS/CS/HB 807, 1st Eng. Amendment No. e12 (for drafter's use only) 1 receipt of the complaint, unless the parties agree in writing 2 to an extension, such 60 day period or if the department, 3 after a hearing, 4 5 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 8 File original & 9 copies 05/02/01 htr0002 02:01 pm 00807-0040-612051