HB 1077CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to motor vehicle dealers; amending s.
7320.27, F.S.; exempting certain applicants for a new
8franchised motor vehicle dealer license from certain
9training requirements; amending s. 320.60, F.S.; revising
10the definition of "demonstrator" for purposes of
11provisions relating to manufacturing, importing, and
12distributing motor vehicles; amending s. 320.64, F.S.;
13prohibiting specified licensees from failing to pay
14certain compensation amounts to a motor vehicle dealer
15after termination of the dealer's franchise agreement;
16providing exceptions; providing procedures for payment of
17the compensation amounts; providing for certain remedies,
18procedures, and rights of recovery; amending s. 320.642,
19F.S.; deleting a requirement that certain notices be sent
20by certified mail; revising conditions under which an
21opening or reopening of the same or a successor dealer
22within 12 months is not considered an additional dealer
23subject to protest; prohibiting for a certain time
24proposals for a dealer of the same line-make after the
25opening or reopening of the dealer; providing criteria for
26measurements of distance between dealer locations;
27providing that the Department of Highway Safety and Motor
28Vehicles is not obligated to determine the accuracy of any
29distance submitted in a notice; providing for resolution
30of disputed distances by a hearing in accordance with
31specified provisions; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Paragraph (a) of subsection (4) of section
36320.27, Florida Statutes, is amended to read:
37     320.27  Motor vehicle dealers.--
38     (4)  LICENSE CERTIFICATE.--
39     (a)  A license certificate shall be issued by the
40department in accordance with such application when the
41application is regular in form and in compliance with the
42provisions of this section. The license certificate may be in
43the form of a document or a computerized card as determined by
44the department. The actual cost of each original, additional, or
45replacement computerized card shall be borne by the licensee and
46is in addition to the fee for licensure. Such license, when so
47issued, entitles the licensee to carry on and conduct the
48business of a motor vehicle dealer. Each license issued to a
49franchise motor vehicle dealer expires annually on December 31
50unless revoked or suspended prior to that date. Each license
51issued to an independent or wholesale dealer or auction expires
52annually on April 30 unless revoked or suspended prior to that
53date. Not less than 60 days prior to the license expiration
54date, the department shall deliver or mail to each licensee the
55necessary renewal forms. Each independent dealer shall certify
56that the dealer principal (owner, partner, officer of the
57corporation, or director) has completed 8 hours of continuing
58education prior to filing the renewal forms with the department.
59Such certification shall be filed once every 2 years commencing
60with the 2006 renewal period. The continuing education shall
61include at least 2 hours of legal or legislative issues, 1 hour
62of department issues, and 5 hours of relevant motor vehicle
63industry topics. Continuing education shall be provided by
64dealer schools licensed under paragraph (b) either in a
65classroom setting or by correspondence. Such schools shall
66provide certificates of completion to the department and the
67customer which shall be filed with the license renewal form, and
68such schools may charge a fee for providing continuing
69education. Any licensee who does not file his or her application
70and fees and any other requisite documents, as required by law,
71with the department at least 30 days prior to the license
72expiration date shall cease to engage in business as a motor
73vehicle dealer on the license expiration date. A renewal filed
74with the department within 45 days after the expiration date
75shall be accompanied by a delinquent fee of $100. Thereafter, a
76new application is required, accompanied by the initial license
77fee. A license certificate duly issued by the department may be
78modified by endorsement to show a change in the name of the
79licensee, provided, as shown by affidavit of the licensee, the
80majority ownership interest of the licensee has not changed or
81the name of the person appearing as franchisee on the sales and
82service agreement has not changed. Modification of a license
83certificate to show any name change as herein provided shall not
84require initial licensure or reissuance of dealer tags; however,
85any dealer obtaining a name change shall transact all business
86in and be properly identified by that name. All documents
87relative to licensure shall reflect the new name. In the case of
88a franchise dealer, the name change shall be approved by the
89manufacturer, distributor, or importer. A licensee applying for
90a name change endorsement shall pay a fee of $25 which fee shall
91apply to the change in the name of a main location and all
92additional locations licensed under the provisions of subsection
93(5). Each initial license application received by the department
94shall be accompanied by verification that, within the preceding
956 months, the applicant, or one or more of his or her designated
96employees, has attended a training and information seminar
97conducted by a licensed motor vehicle dealer training school.
98Any applicant for a new franchised motor vehicle dealer license
99who has held a valid franchised motor vehicle dealer license
100continuously for the past 2 years and who remains in good
101standing with the department is exempt from the prelicensing
102training requirement. Such seminar shall include, but is not
103limited to, statutory dealer requirements, which requirements
104include required bookkeeping and recordkeeping procedures,
105requirements for the collection of sales and use taxes, and such
106other information that in the opinion of the department will
107promote good business practices. No seminar may exceed 8 hours
108in length.
109     Section 2.  Subsection (3) of section 320.60, Florida
110Statutes, is amended to read:
111     320.60  Definitions for ss. 320.61-320.70.--Whenever used
112in ss. 320.61-320.70, unless the context otherwise requires, the
113following words and terms have the following meanings:
114     (3)  "Demonstrator" means any new motor vehicle that which
115is carried on the records of the dealer as a demonstrator and is
116used by, being inspected or driven by the dealer or his or her
117employees, or driven by prospective customers for the purpose of
118demonstrating vehicle characteristics in the sale or display of
119motor vehicles sold by the dealer.
120     Section 3.  Subsection (36) is added to section 320.64,
121Florida Statutes, to read:
122     320.64  Denial, suspension, or revocation of license;
123grounds.--A license of a licensee under s. 320.61 may be denied,
124suspended, or revoked within the entire state or at any specific
125location or locations within the state at which the applicant or
126licensee engages or proposes to engage in business, upon proof
127that the section was violated with sufficient frequency to
128establish a pattern of wrongdoing, and a licensee or applicant
129shall be liable for claims and remedies provided in ss. 320.695
130and 320.697 for any violation of any of the following
131provisions. A licensee is prohibited from committing the
132following acts:
133     (36)(a)  Notwithstanding the terms of any franchise
134agreement, in addition to any other statutory or contractual
135rights of recovery after the voluntary or involuntary
136termination of a franchise, failing to pay the motor vehicle
137dealer, within 90 days after the effective date of the
138termination, cancellation, or nonrenewal, the following amounts:
139     1.  The net cost paid by the dealer for each new motor
140vehicle in the dealer's inventory with mileage of 2,000 miles or
141less, exclusive of mileage placed on the vehicle before it was
142delivered to the dealer.
143     2.  The current price charged for each new, unused,
144undamaged, or unsold part or accessory that:
145     a.  Is in the current parts catalogue and is still in the
146original, resalable merchandising package and in an unbroken
147lot, except that sheet metal may be in a comparable substitute
148for the original package; and
149     b.  Was purchased by the dealer directly from the
150manufacturer or distributor or from an outgoing authorized
151dealer as a part of the dealer's initial inventory.
152     3.  The fair market value of each undamaged sign owned by
153the dealer which bears a trademark or trade name used or claimed
154by the applicant or licensee or its representative which was
155purchased from or at the request of the applicant or licensee or
156its representative.
157     4.  The fair market value of all special tools, data
158processing equipment, and automotive service equipment owned by
159the dealer which:
160     a.  Were recommended in writing by the applicant or
161licensee or its representative and designated as special tools
162and equipment;
163     b.  Were purchased from or at the request of the applicant
164or licensee or its representative; and
165     c.  Are in usable and good condition except for reasonable
166wear and tear.
167     5.  The cost of transporting, handling, packing, storing,
168and loading any property subject to repurchase under this
169section.
170     (b)  This subsection does not apply to a termination,
171cancellation, or nonrenewal that is implemented as a result of
172the sale of the assets or stock of the dealer. The dealer shall
173return the property listed in this subsection to the licensee
174within 90 days after the effective date of the termination,
175cancellation, or nonrenewal. The licensee shall supply the
176dealer with reasonable instructions regarding the method by
177which the dealer must return the property. The compensation for
178the property shall be paid by the licensee within 60 days after
179the tender of inventory and other items, if the dealer has clear
180title to the inventory and other items and is in a position to
181convey that title to the manufacturer or distributor. If the
182inventory or other items are subject to a security interest, the
183licensee may make payment jointly to the dealer and the holder
184of the security interest.
185
186A motor vehicle dealer who can demonstrate that a violation of,
187or failure to comply with, any of the preceding provisions by an
188applicant or licensee will or can adversely and pecuniarily
189affect the complaining dealer, shall be entitled to pursue all
190of the remedies, procedures, and rights of recovery available
191under ss. 320.695 and 320.697.
192     Section 4.  Subsections (1) and (5) of section 320.642,
193Florida Statutes, are amended, and subsections (7) and (8) are
194added to that section, to read:
195     320.642  Dealer licenses in areas previously served;
196procedure.--
197     (1)  Any licensee who proposes to establish an additional
198motor vehicle dealership or permit the relocation of an existing
199dealer to a location within a community or territory where the
200same line-make vehicle is presently represented by a franchised
201motor vehicle dealer or dealers shall give written notice of its
202intention by certified mail to the department. Such notice shall
203state:
204     (a)  The specific location at which the additional or
205relocated motor vehicle dealership will be established.
206     (b)  The date on or after which the licensee intends to be
207engaged in business with the additional or relocated motor
208vehicle dealer at the proposed location.
209     (c)  The identity of all motor vehicle dealers who are
210franchised to sell the same line-make vehicle with licensed
211locations in the county or any contiguous county to the county
212where the additional or relocated motor vehicle dealer is
213proposed to be located.
214     (d)  The names and addresses of the dealer-operator and
215principal investors in the proposed additional or relocated
216motor vehicle dealership.
217
218Immediately upon receipt of such notice the department shall
219cause a notice to be published in the Florida Administrative
220Weekly. The published notice shall state that a petition or
221complaint by any dealer with standing to protest pursuant to
222subsection (3) must be filed not more than 30 days from the date
223of publication of the notice in the Florida Administrative
224Weekly. The published notice shall describe and identify the
225proposed dealership sought to be licensed, and the department
226shall cause a copy of the notice to be mailed to those dealers
227identified in the licensee's notice under paragraph (c).
228     (5)(a)  The opening or reopening of the same or a successor
229motor vehicle dealer within 12 months is shall not be considered
230an additional motor vehicle dealer subject to protest within the
231meaning of this section, if:
232     1.(a)  The opening or reopening is within the same or an
233adjacent county and, is within 2 miles of the former motor
234vehicle dealer location;,
235     2.(b)  There is no dealer within 25 miles of the proposed
236location or the proposed location is further from each existing
237dealer of the same line-make than the prior location is from
238each dealer of the same line-make within 25 miles of the new
239location;,
240     3.(c)  The opening or reopening is within 6 miles of the
241prior location and, if any existing motor vehicle dealer of the
242same line-make is located within 15 miles of the former
243location, the proposed location is no closer to any existing
244dealer of the same line-make within 15 miles of the proposed
245location;, or
246     4.(d)  The opening or reopening is within 6 miles of the
247prior location and, if all existing motor vehicle dealers of the
248same line-make are beyond 15 miles of the former location, the
249proposed location is further than 15 miles from any existing
250motor vehicle dealer of the same line-make.
251     (b)  Any other such opening or reopening shall constitute
252an additional motor vehicle dealer within the meaning of this
253section.
254     (c)  If a motor vehicle dealer has been opened or reopened
255pursuant to this subsection, the licensee may not propose a
256motor vehicle dealer of the same line-make to be located within
2574 miles of the previous location of such dealer for 2 years
258after the date the relocated dealership opens.
259     (7)  Measurements of the distance between proposed or
260existing dealer locations required by this section shall be
261taken from the geometric centroid of the property that
262encompasses all of the existing or proposed motor vehicle dealer
263operations.
264     (8)  The department shall not be obligated to determine the
265accuracy of any distance asserted by any party in a notice
266submitted to it. Any dispute concerning a distance measurement
267asserted by a party shall be resolved by a hearing conducted in
268accordance with ss. 120.569 and 120.57.
269     Section 5.  This act shall take effect July 1, 2006.


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