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