HB 1077

1
A bill to be entitled
2An act relating to motor vehicle dealership operations;
3amending s. 320.60, F.S.; revising the definition of
4"demonstrator" for purposes of provisions relating to
5manufacturing, importing, and distributing motor vehicles;
6amending s. 320.64, F.S.; prohibiting an applicant or
7licensee from failing to pay certain compensation amounts
8to a motor vehicle dealer after termination of the
9franchise agreement; providing exceptions; providing for
10certain remedies, procedures, and rights of recovery;
11amending s. 320.642, F.S.; revising conditions under which
12an opening or reopening of a motor vehicle dealership is
13not subject to protest; restricting proposal for a dealer
14of the same line-make for a certain period of time after
15the opening of a relocated dealership; providing criteria
16for measurements of distance between dealer locations;
17amending s. 320.643, F.S.; exempting a transferee
18proposing to relocate motor vehicle dealership operations
19in conjunction with an asset or equity purchase from
20franchise agreement location requirements; providing
21conditions for the exemption; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (3) of section 320.60, Florida
26Statutes, is amended to read:
27     320.60  Definitions for ss. 320.61-320.70.--Whenever used
28in ss. 320.61-320.70, unless the context otherwise requires, the
29following words and terms have the following meanings:
30     (3)  "Demonstrator" means any new motor vehicle which is
31carried on the records of the dealer as a demonstrator and is
32used by, being inspected or driven by the dealer or his or her
33employees, or driven by prospective customers for the purpose of
34demonstrating vehicle characteristics in the sale or display of
35motor vehicles sold by the dealer.
36     Section 2.  Subsection (35) of section 320.64, Florida
37Statutes, is renumbered as subsection (36), and a new subsection
38(35) is added to that section to read:
39     320.64  Denial, suspension, or revocation of license;
40grounds.--A license of a licensee under s. 320.61 may be denied,
41suspended, or revoked within the entire state or at any specific
42location or locations within the state at which the applicant or
43licensee engages or proposes to engage in business, upon proof
44that the section was violated with sufficient frequency to
45establish a pattern of wrongdoing, and a licensee or applicant
46shall be liable for claims and remedies provided in ss. 320.695
47and 320.697 for any violation of any of the following
48provisions. A licensee is prohibited from committing the
49following acts:
50     (35)  Notwithstanding the terms of any franchise agreement,
51after termination of a franchise, either voluntarily or
52involuntarily, the applicant or licensee has failed to pay to
53the motor vehicle dealer, within 90 days after the effective
54date of the termination, cancellation, or nonrenewal, the
55following amounts:
56     (a)  The net cost paid by the dealer for each new motor
57vehicle in the dealer's inventory with mileage of 2,000 miles or
58less, exclusive of mileage placed on the vehicle before it was
59delivered to the dealer.
60     (b)  The cost paid by the dealer for each new, unused,
61undamaged, and unsold part or accessory that:
62     1.  Is in the current parts catalogue and is still in the
63original, resalable merchandising package and in an unbroken
64lot, except that in the case of sheet metal a comparable
65substitute for the original package may be used; and
66     2.  Was purchased by the dealer either directly from the
67manufacturer or distributor or was purchased from an outgoing
68authorized dealer as a part of the dealer's initial inventory.
69     (c)  The fair market value of each undamaged sign owned by
70the dealer that bears a trademark or trade name used or claimed
71by the applicant or licensee, or a representative of the
72applicant or licensee, and that was purchased from or at the
73request of the applicant or licensee, or a representative of the
74applicant or licensee.
75     (d)  The fair market value of all special tools, data
76processing equipment, and automotive service equipment owned by
77the dealer that:
78     1.  Were recommended in writing by the applicant or
79licensee or its representative and designated as special tools
80and equipment;
81     2.  Were purchased from or at the request of the applicant
82or licensee or its representative; and
83     3.  Are in usable and good condition except for reasonable
84wear and tear.
85     (e)  The cost of transporting, handling, packing, storing,
86and loading any property subject to repurchase under this
87subsection.
88
89This subsection shall not apply to terminations, cancellations,
90and nonrenewals that are implemented as a result of the sale of
91the assets or stock of the dealer. The dealer shall return the
92property listed in this subsection to the licensee within 90
93days after the effective date of the termination, cancellation,
94or nonrenewal. The licensee shall supply the new vehicle dealer
95with reasonable instructions on the method by which the new
96vehicle dealer must return the property to the licensee. The
97compensation for the property shall be paid by the licensee
98within 60 days after the tender of inventory and other items,
99provided the new motor vehicle dealer has clear title to the
100inventory and other items and is in a position to convey that
101title to the manufacturer or distributor. In the event the
102inventory or other items are subject to a security interest, the
103licensee may make payment jointly to the new motor vehicle
104dealer and the holder of the security interest.
105
106A motor vehicle dealer who can demonstrate that a violation of,
107or failure to comply with, any of the preceding provisions by an
108applicant or licensee will or can adversely and pecuniarily
109affect the complaining dealer, shall be entitled to pursue all
110of the remedies, procedures, and rights of recovery available
111under ss. 320.695 and 320.697.
112     Section 3.  Subsection (5) of section 320.642, Florida
113Statutes, is amended, and subsection (7) is added to that
114section, to read:
115     320.642  Dealer licenses in areas previously served;
116procedure.--
117     (5)(a)  The opening or reopening of the same or a successor
118motor vehicle dealer within 12 months shall not be considered an
119additional motor vehicle dealer subject to protest within the
120meaning of this section, if:
121     1.(a)  The opening or reopening is within the same or an
122adjacent county and, is within 2 miles of the former motor
123vehicle dealer location;,
124     2.(b)  There is no motor vehicle dealer within 25 miles of
125the proposed location or the proposed location is further from
126each existing dealer of the same line-make than the prior
127location is from each dealer of the same line-make within 25
128miles of the new location;,
129     3.(c)  The opening or reopening is within 6 miles of the
130prior location and, if any existing motor vehicle dealer of the
131same line-make is located within 15 miles of the former
132location, the proposed location is no closer to any existing
133dealer of the same line-make within 15 miles of the proposed
134location;, or
135     4.(d)  The opening or reopening is within 6 miles of the
136prior location and, if all existing motor vehicle dealers of the
137same line-make are beyond 15 miles of the former location, the
138proposed location is further than 15 miles from any existing
139motor vehicle dealer of the same line-make.
140
141Any other such opening or reopening shall constitute an
142additional motor vehicle dealer within the meaning of this
143section.
144     (b)  If an opening or reopening is accomplished pursuant to
145the terms of this subsection and therefore not considered an
146additional motor vehicle dealer subject to protest, the licensee
147shall not propose a motor vehicle dealer of the same line-make
148which is to be located within 4 miles of the previous location
149for a period of 2 years after the date of the opening of the
150relocated dealership.
151     (7)  All measurements required by this section of the
152distance between two or more existing motor vehicle dealer
153locations, or between existing motor vehicle dealer locations
154and a proposed motor vehicle dealer's location, shall be taken
155from the geometric centroid of the property which encompasses
156all of the existing or proposed motor vehicle dealer operations.
157     Section 4.  Subsection (5) of section 320.643, Florida
158Statutes, is renumbered as subsection (6), and a new subsection
159(5) is added to that section to read:
160     320.643  Transfer, assignment, or sale of franchise
161agreements.--
162     (5)  A transferee proposing to simultaneously relocate
163motor vehicle dealership operations in conjunction with an asset
164purchase pursuant to subsection (1) or an equity purchase
165pursuant to subsection (2) shall not be required to comply with
166the location requirements of the franchise agreement then in
167effect and such a proposal shall be subject to this section if:
168     (a)  The proposed relocation is a relocation exempt from
169protest and not considered as an additional motor vehicle dealer
170pursuant to s. 320.642(5);
171     (b)  The proposed dealership's facility satisfies facility
172requirements in effect between the licensee and the dealer
173proposing the transfer at the time the transfer is proposed; and
174     (c)  The proposed facility is otherwise an appropriate
175location, taking into account the accessibility and convenience
176to consumers of the proposed location, the location of the other
177dealers of the same line-make, and other factors related to the
178appropriateness of the facility for its proposed use and whether
179the proposed dealership facility and dealership operations are
180separate from any other line-makes.
181     Section 5.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.