1 | The Transportation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to motor vehicle dealers; amending s. |
7 | 320.27, F.S.; exempting certain applicants for a new |
8 | franchised motor vehicle dealer license from certain |
9 | training requirements; amending s. 320.60, F.S.; revising |
10 | the definition of "demonstrator" for purposes of |
11 | provisions relating to manufacturing, importing, and |
12 | distributing motor vehicles; amending s. 320.64, F.S.; |
13 | prohibiting specified licensees from failing to pay |
14 | certain compensation amounts to a motor vehicle dealer |
15 | after termination of the dealer's franchise agreement; |
16 | providing exceptions; providing procedures for payment of |
17 | the compensation amounts; providing for certain remedies, |
18 | procedures, and rights of recovery; amending s. 320.642, |
19 | F.S.; deleting a requirement that certain notices be sent |
20 | by certified mail; revising conditions under which an |
21 | opening or reopening of the same or a successor dealer |
22 | within 12 months is not considered an additional dealer |
23 | subject to protest; prohibiting for a certain time |
24 | proposals for a dealer of the same line-make after the |
25 | opening or reopening of the dealer; providing criteria for |
26 | measurements of distance between dealer locations; |
27 | providing that the Department of Highway Safety and Motor |
28 | Vehicles is not obligated to determine the accuracy of any |
29 | distance submitted in a notice; providing for resolution |
30 | of disputed distances by a hearing in accordance with |
31 | specified provisions; providing an effective date. |
32 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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35 | Section 1. Paragraph (a) of subsection (4) of section |
36 | 320.27, 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 |
40 | department in accordance with such application when the |
41 | application is regular in form and in compliance with the |
42 | provisions of this section. The license certificate may be in |
43 | the form of a document or a computerized card as determined by |
44 | the department. The actual cost of each original, additional, or |
45 | replacement computerized card shall be borne by the licensee and |
46 | is in addition to the fee for licensure. Such license, when so |
47 | issued, entitles the licensee to carry on and conduct the |
48 | business of a motor vehicle dealer. Each license issued to a |
49 | franchise motor vehicle dealer expires annually on December 31 |
50 | unless revoked or suspended prior to that date. Each license |
51 | issued to an independent or wholesale dealer or auction expires |
52 | annually on April 30 unless revoked or suspended prior to that |
53 | date. Not less than 60 days prior to the license expiration |
54 | date, the department shall deliver or mail to each licensee the |
55 | necessary renewal forms. Each independent dealer shall certify |
56 | that the dealer principal (owner, partner, officer of the |
57 | corporation, or director) has completed 8 hours of continuing |
58 | education prior to filing the renewal forms with the department. |
59 | Such certification shall be filed once every 2 years commencing |
60 | with the 2006 renewal period. The continuing education shall |
61 | include at least 2 hours of legal or legislative issues, 1 hour |
62 | of department issues, and 5 hours of relevant motor vehicle |
63 | industry topics. Continuing education shall be provided by |
64 | dealer schools licensed under paragraph (b) either in a |
65 | classroom setting or by correspondence. Such schools shall |
66 | provide certificates of completion to the department and the |
67 | customer which shall be filed with the license renewal form, and |
68 | such schools may charge a fee for providing continuing |
69 | education. Any licensee who does not file his or her application |
70 | and fees and any other requisite documents, as required by law, |
71 | with the department at least 30 days prior to the license |
72 | expiration date shall cease to engage in business as a motor |
73 | vehicle dealer on the license expiration date. A renewal filed |
74 | with the department within 45 days after the expiration date |
75 | shall be accompanied by a delinquent fee of $100. Thereafter, a |
76 | new application is required, accompanied by the initial license |
77 | fee. A license certificate duly issued by the department may be |
78 | modified by endorsement to show a change in the name of the |
79 | licensee, provided, as shown by affidavit of the licensee, the |
80 | majority ownership interest of the licensee has not changed or |
81 | the name of the person appearing as franchisee on the sales and |
82 | service agreement has not changed. Modification of a license |
83 | certificate to show any name change as herein provided shall not |
84 | require initial licensure or reissuance of dealer tags; however, |
85 | any dealer obtaining a name change shall transact all business |
86 | in and be properly identified by that name. All documents |
87 | relative to licensure shall reflect the new name. In the case of |
88 | a franchise dealer, the name change shall be approved by the |
89 | manufacturer, distributor, or importer. A licensee applying for |
90 | a name change endorsement shall pay a fee of $25 which fee shall |
91 | apply to the change in the name of a main location and all |
92 | additional locations licensed under the provisions of subsection |
93 | (5). Each initial license application received by the department |
94 | shall be accompanied by verification that, within the preceding |
95 | 6 months, the applicant, or one or more of his or her designated |
96 | employees, has attended a training and information seminar |
97 | conducted by a licensed motor vehicle dealer training school. |
98 | Any applicant for a new franchised motor vehicle dealer license |
99 | who has held a valid franchised motor vehicle dealer license |
100 | continuously for the past 2 years and who remains in good |
101 | standing with the department is exempt from the prelicensing |
102 | training requirement. Such seminar shall include, but is not |
103 | limited to, statutory dealer requirements, which requirements |
104 | include required bookkeeping and recordkeeping procedures, |
105 | requirements for the collection of sales and use taxes, and such |
106 | other information that in the opinion of the department will |
107 | promote good business practices. No seminar may exceed 8 hours |
108 | in length. |
109 | Section 2. Subsection (3) of section 320.60, Florida |
110 | Statutes, is amended to read: |
111 | 320.60 Definitions for ss. 320.61-320.70.--Whenever used |
112 | in ss. 320.61-320.70, unless the context otherwise requires, the |
113 | following words and terms have the following meanings: |
114 | (3) "Demonstrator" means any new motor vehicle that which |
115 | is carried on the records of the dealer as a demonstrator and is |
116 | used by, being inspected or driven by the dealer or his or her |
117 | employees, or driven by prospective customers for the purpose of |
118 | demonstrating vehicle characteristics in the sale or display of |
119 | motor vehicles sold by the dealer. |
120 | Section 3. Subsection (36) is added to section 320.64, |
121 | Florida Statutes, to read: |
122 | 320.64 Denial, suspension, or revocation of license; |
123 | grounds.--A license of a licensee under s. 320.61 may be denied, |
124 | suspended, or revoked within the entire state or at any specific |
125 | location or locations within the state at which the applicant or |
126 | licensee engages or proposes to engage in business, upon proof |
127 | that the section was violated with sufficient frequency to |
128 | establish a pattern of wrongdoing, and a licensee or applicant |
129 | shall be liable for claims and remedies provided in ss. 320.695 |
130 | and 320.697 for any violation of any of the following |
131 | provisions. A licensee is prohibited from committing the |
132 | following acts: |
133 | (36)(a) Notwithstanding the terms of any franchise |
134 | agreement, in addition to any other statutory or contractual |
135 | rights of recovery after the voluntary or involuntary |
136 | termination of a franchise, failing to pay the motor vehicle |
137 | dealer, within 90 days after the effective date of the |
138 | termination, cancellation, or nonrenewal, the following amounts: |
139 | 1. The net cost paid by the dealer for each new motor |
140 | vehicle in the dealer's inventory with mileage of 2,000 miles or |
141 | less, exclusive of mileage placed on the vehicle before it was |
142 | delivered to the dealer. |
143 | 2. The current price charged for each new, unused, |
144 | undamaged, or unsold part or accessory that: |
145 | a. Is in the current parts catalogue and is still in the |
146 | original, resalable merchandising package and in an unbroken |
147 | lot, except that sheet metal may be in a comparable substitute |
148 | for the original package; and |
149 | b. Was purchased by the dealer directly from the |
150 | manufacturer or distributor or from an outgoing authorized |
151 | dealer as a part of the dealer's initial inventory. |
152 | 3. The fair market value of each undamaged sign owned by |
153 | the dealer which bears a trademark or trade name used or claimed |
154 | by the applicant or licensee or its representative which was |
155 | purchased from or at the request of the applicant or licensee or |
156 | its representative. |
157 | 4. The fair market value of all special tools, data |
158 | processing equipment, and automotive service equipment owned by |
159 | the dealer which: |
160 | a. Were recommended in writing by the applicant or |
161 | licensee or its representative and designated as special tools |
162 | and equipment; |
163 | b. Were purchased from or at the request of the applicant |
164 | or licensee or its representative; and |
165 | c. Are in usable and good condition except for reasonable |
166 | wear and tear. |
167 | 5. The cost of transporting, handling, packing, storing, |
168 | and loading any property subject to repurchase under this |
169 | section. |
170 | (b) This subsection does not apply to a termination, |
171 | cancellation, or nonrenewal that is implemented as a result of |
172 | the sale of the assets or stock of the dealer. The dealer shall |
173 | return the property listed in this subsection to the licensee |
174 | within 90 days after the effective date of the termination, |
175 | cancellation, or nonrenewal. The licensee shall supply the |
176 | dealer with reasonable instructions regarding the method by |
177 | which the dealer must return the property. The compensation for |
178 | the property shall be paid by the licensee within 60 days after |
179 | the tender of inventory and other items, if the dealer has clear |
180 | title to the inventory and other items and is in a position to |
181 | convey that title to the manufacturer or distributor. If the |
182 | inventory or other items are subject to a security interest, the |
183 | licensee may make payment jointly to the dealer and the holder |
184 | of the security interest. |
185 |
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186 | A motor vehicle dealer who can demonstrate that a violation of, |
187 | or failure to comply with, any of the preceding provisions by an |
188 | applicant or licensee will or can adversely and pecuniarily |
189 | affect the complaining dealer, shall be entitled to pursue all |
190 | of the remedies, procedures, and rights of recovery available |
191 | under ss. 320.695 and 320.697. |
192 | Section 4. Subsections (1) and (5) of section 320.642, |
193 | Florida Statutes, are amended, and subsections (7) and (8) are |
194 | added to that section, to read: |
195 | 320.642 Dealer licenses in areas previously served; |
196 | procedure.-- |
197 | (1) Any licensee who proposes to establish an additional |
198 | motor vehicle dealership or permit the relocation of an existing |
199 | dealer to a location within a community or territory where the |
200 | same line-make vehicle is presently represented by a franchised |
201 | motor vehicle dealer or dealers shall give written notice of its |
202 | intention by certified mail to the department. Such notice shall |
203 | state: |
204 | (a) The specific location at which the additional or |
205 | relocated motor vehicle dealership will be established. |
206 | (b) The date on or after which the licensee intends to be |
207 | engaged in business with the additional or relocated motor |
208 | vehicle dealer at the proposed location. |
209 | (c) The identity of all motor vehicle dealers who are |
210 | franchised to sell the same line-make vehicle with licensed |
211 | locations in the county or any contiguous county to the county |
212 | where the additional or relocated motor vehicle dealer is |
213 | proposed to be located. |
214 | (d) The names and addresses of the dealer-operator and |
215 | principal investors in the proposed additional or relocated |
216 | motor vehicle dealership. |
217 |
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218 | Immediately upon receipt of such notice the department shall |
219 | cause a notice to be published in the Florida Administrative |
220 | Weekly. The published notice shall state that a petition or |
221 | complaint by any dealer with standing to protest pursuant to |
222 | subsection (3) must be filed not more than 30 days from the date |
223 | of publication of the notice in the Florida Administrative |
224 | Weekly. The published notice shall describe and identify the |
225 | proposed dealership sought to be licensed, and the department |
226 | shall cause a copy of the notice to be mailed to those dealers |
227 | identified in the licensee's notice under paragraph (c). |
228 | (5)(a) The opening or reopening of the same or a successor |
229 | motor vehicle dealer within 12 months is shall not be considered |
230 | an additional motor vehicle dealer subject to protest within the |
231 | meaning of this section, if: |
232 | 1.(a) The opening or reopening is within the same or an |
233 | adjacent county and, is within 2 miles of the former motor |
234 | vehicle dealer location;, |
235 | 2.(b) There is no dealer within 25 miles of the proposed |
236 | location or the proposed location is further from each existing |
237 | dealer of the same line-make than the prior location is from |
238 | each dealer of the same line-make within 25 miles of the new |
239 | location;, |
240 | 3.(c) The opening or reopening is within 6 miles of the |
241 | prior location and, if any existing motor vehicle dealer of the |
242 | same line-make is located within 15 miles of the former |
243 | location, the proposed location is no closer to any existing |
244 | dealer of the same line-make within 15 miles of the proposed |
245 | location;, or |
246 | 4.(d) The opening or reopening is within 6 miles of the |
247 | prior location and, if all existing motor vehicle dealers of the |
248 | same line-make are beyond 15 miles of the former location, the |
249 | proposed location is further than 15 miles from any existing |
250 | motor vehicle dealer of the same line-make. |
251 | (b) Any other such opening or reopening shall constitute |
252 | an additional motor vehicle dealer within the meaning of this |
253 | section. |
254 | (c) If a motor vehicle dealer has been opened or reopened |
255 | pursuant to this subsection, the licensee may not propose a |
256 | motor vehicle dealer of the same line-make to be located within |
257 | 4 miles of the previous location of such dealer for 2 years |
258 | after the date the relocated dealership opens. |
259 | (7) Measurements of the distance between proposed or |
260 | existing dealer locations required by this section shall be |
261 | taken from the geometric centroid of the property that |
262 | encompasses all of the existing or proposed motor vehicle dealer |
263 | operations. |
264 | (8) The department shall not be obligated to determine the |
265 | accuracy of any distance asserted by any party in a notice |
266 | submitted to it. Any dispute concerning a distance measurement |
267 | asserted by a party shall be resolved by a hearing conducted in |
268 | accordance with ss. 120.569 and 120.57. |
269 | Section 5. This act shall take effect July 1, 2006. |