Senate Bill sb2100

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    Florida Senate - 2002                                  SB 2100

    By Senator Burt





    16-1541-02

  1                      A bill to be entitled

  2         An act relating to motor vehicle dealers;

  3         amending s. 320.643, F.S.; prohibiting

  4         licensees from withholding a proposed transfer

  5         of a motor vehicle dealer's franchise agreement

  6         under certain circumstances; amending s.

  7         320.644, F.S.; providing conditions and

  8         guidelines under which a licensee may

  9         disapprove a proposed change in executive

10         management by a motor vehicle dealer;

11         prohibiting the unreasonable withholding of

12         such approval; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsection (4) is added to section 320.643,

17  Florida Statutes, to read:

18         320.643  Transfer, assignment, or sale of franchise

19  agreements.--

20         (4)  A licensee may not reject or withhold approval of

21  a proposed transfer unless the licensee can prove in a legal

22  proceeding, including a departmental hearing or claim pursuant

23  to s. 320.697, that the proposed transferee is not qualified.

24  Alleging the permitted statutory grounds in a written

25  rejection of the proposed transfer does not protect the

26  licensee from liability for violating this section unless the

27  licensee can prove such allegations are true.

28         Section 2.  Section 320.644, Florida Statutes, is

29  amended to read:

30         320.644  Change of executive management control;

31  objection by licensee; procedure.--

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    Florida Senate - 2002                                  SB 2100
    16-1541-02




  1         (1)  No licensee shall prohibit or prevent, or attempt

  2  to prohibit or prevent, any motor vehicle dealer from changing

  3  the executive management control of the motor vehicle dealer

  4  unless the proposed change of executive management control of

  5  the motor vehicle dealer is to a person or persons not of good

  6  moral character or who do not meet the written, reasonable,

  7  and uniformly applied standards of the licensee relating to

  8  the business experience of executive management required by

  9  the licensee of its motor vehicle dealers. A motor vehicle

10  dealer who desires to change its executive management control

11  shall notify the licensee by written notice, setting forth the

12  name, address, and business experience of the proposed

13  executive management.  A licensee who receives such notice

14  may, within 60 days following such receipt, inform the dealer

15  in writing of the approval or disapproval of the proposed

16  change. If the licensee does not inform the dealer within 60

17  days, its approval of the proposed change is deemed granted.

18  For the purposes of this section a licensee's refusal to

19  accept a person of good moral character who otherwise meets

20  written, reasonable, and uniformly applied standards of the

21  licensee relating to the business experience of the executive

22  management of its dealers is presumed to be unreasonable. A

23  motor vehicle dealer whose proposed change is rejected may,

24  within 60 days after receipt of such rejection, file with the

25  department a complaint for a determination that the proposed

26  management change was rejected in violation of this section.

27  The licensee has the burden of proof with respect to all

28  issues raised by such complaint. The department shall

29  determine, and enter an order providing, that the person

30  proposed for the change is qualified, or is not qualified and

31  cannot be qualified for specific reasons, or the order may

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    Florida Senate - 2002                                  SB 2100
    16-1541-02




  1  provide the conditions under which a proposed executive

  2  manager may be qualified. If the licensee fails to file a

  3  response to the complaint within 30 days after receipt of the

  4  complaint, unless the parties agree in writing to an

  5  extension, or if the department, after a hearing, renders a

  6  decision other than one disqualifying the person proposed for

  7  the change, the franchise agreement is deemed amended to

  8  incorporate the change or amended to conform to the order,

  9  effective upon compliance by the person proposed for the

10  change with any conditions in the order.

11         (2)  For the purposes of this section, the term,

12  "executive management" means any person designated as the

13  dealer/operator or executive manager, and includes similarly

14  designated persons under the franchise agreement. A motor

15  vehicle dealer may change all other dealership personnel

16  without seeking approval from the licensee. file with the

17  department a verified complaint for a determination that the

18  proposed change of executive management will result in

19  executive management control by persons who are not of good

20  moral character or who do not meet such licensee's standards.

21  The licensee has the burden of proof with respect to all

22  issues raised by such verified complaint.  If the licensee

23  fails to file such verified complaint within such 60-day

24  period or if the department, after a hearing, dismisses the

25  complaint, the franchise agreement between the motor vehicle

26  dealer and the licensee shall be deemed amended to incorporate

27  such change or amended in accordance with the decision

28  rendered.

29         (3)  For the purpose of this section, the mere

30  termination of employment of executive management is,

31  including the dealer/operator or such similarly designated

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    Florida Senate - 2002                                  SB 2100
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  1  person or persons, shall not be deemed to be a change in

  2  executive management or a transfer of the franchise.

  3  Provided, However, the proposed designation of replacement

  4  executive management is shall be subject to this section.

  5         (4)(2)  During the pendency of any such hearing, the

  6  franchise agreement of the motor vehicle dealer shall continue

  7  in effect in accordance with its terms.  The department shall

  8  expedite any determination requested under this section.

  9         (5)  A licensee may not reject or withhold approval of

10  a proposed change of executive management unless the licensee

11  can prove in a legal proceeding, including a departmental

12  hearing or claim pursuant to s. 320.697, that the person

13  proposed for executive management is not qualified. Alleging

14  the permitted statutory grounds in a written rejection of the

15  proposed change of executive management does not protect the

16  licensee from liability for violating this section unless the

17  licensee can prove such allegations are true.

18         Section 3.  This act shall take effect July 1, 2002.

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20            *****************************************

21                          SENATE SUMMARY

22    Revises provisions relating to approval by a motor
      vehicle licensee of a dealer's request to transfer the
23    franchise agreement or change the executive management of
      the dealership. (See bill for details.)
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