HB 1457

1
A bill to be entitled
2An act relating to recreational vehicle dealers and
3manufacturers; creating s. 320.3201, F.S.; providing
4legislative intent; creating s. 320.3202, F.S.; providing
5definitions; creating s. 320.3203, F.S.; providing
6requirements for a manufacturer/dealer agreement;
7requiring designation of the area of sales responsibility;
8providing conditions for sales outside the dealer's area
9of sales responsibility; creating s. 320.3204, F.S.;
10providing requirements for sale by manufacturers and
11distributors; creating s. 320.3205, F.S.; providing
12requirements and procedures for termination, cancellation,
13or nonrenewal of an agreement by a manufacturer or a
14dealer; providing for the repurchase by the manufacturer
15of vehicles, accessories, and parts and equipment, tools,
16signage, and machinery; creating s. 320.3206, F.S.;
17providing for change in ownership by a dealer; requiring
18notice to the manufacturer; providing requirements for
19rejection by the manufacturer; providing for a dealer to
20name a family member as a successor in case of retirement,
21incapacitation, or death of the dealer; providing
22requirements for rejection of the successor by the
23manufacturer; creating s. 320.3207, F.S.; providing
24requirements for warrantors, manufacturers, and dealers
25with respect to warranties; providing responsibilities;
26providing requirements for compensation of the dealer;
27authorizing warranty audits by the warrantor; requiring
28cause for denial of compensation; providing for
29disposition of warranty claims; prohibiting certain acts
30by the warrantor and the dealer; requiring notice of
31certain pending suits; creating s. 320.3208, F.S.;
32providing for inspection and rejection of a recreational
33vehicle upon delivery to a dealer; creating s. 320.3209,
34F.S.; prohibiting a manufacturer or distributor from
35coercing a dealer to perform certain acts; creating s.
36320.3210, F.S.; providing for resolution when a dealer,
37manufacturer, distributor, or warrantor is injured by
38another party's violation; authorizing civil action;
39providing for mediation; providing for remedies; creating
40s. 320.3211, F.S.; providing administrative and criminal
41penalties for violations; providing for an administrative
42hearing to contest a penalty imposed by the department;
43providing for severability; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 320.3201, Florida Statutes, is created
48to read:
49     320.3201  Legislative intent.--It is the intent of the
50Legislature to protect the public health, safety, and welfare of
51the citizens of the state by regulating the relationship between
52recreational vehicle dealers and manufacturers, maintaining
53competition, and providing consumer protection and fair trade.
54     Section 2.  Section 320.3202, Florida Statutes, is created
55to read:
56     320.3202  Definitions.--As used in ss. 320.3201-320.3211,
57the term:
58     (1)  "Area of sales responsibility" means the geographical
59area agreed to by the dealer and the manufacturer in the
60manufacturer/dealer agreement in which the dealer has the
61exclusive right to display or sell the manufacturer's new
62recreational vehicles of a particular line-make.
63     (2)  "Dealer" means any person, firm, corporation, or
64business entity licensed or required to be licensed pursuant to
65s. 320.771.
66     (3)  "Distributor" means any person, firm, corporation, or
67business entity that purchases new recreational vehicles for
68resale to dealers.
69     (4)  "Factory campaign" means an effort on the part of a
70warrantor to contact recreational vehicle owners or dealers in
71order to address a part or equipment issue.
72     (5)  "Family member" means a spouse or a child, grandchild,
73parent, sibling, niece, or nephew or the spouse thereof.
74     (6)  "Line-make" means a specific series of recreational
75vehicle products that:
76     (a)  Are identified by a common series trade name or
77trademark;
78     (b)  Are targeted to a particular market segment, as
79determined by their decor, features, equipment, size, weight,
80and price range;
81     (c)  Have lengths and interior floor plans that distinguish
82the recreational vehicles from recreational vehicles with
83substantially the same decor, equipment, features, price, and
84weight; and
85     (d)  Belong to a single, distinct classification of
86recreational vehicle product type having a substantial degree of
87commonality in the construction of the chassis, frame, and body.
88     (7)  "Manufacturer" means any person, firm, corporation, or
89business entity that engages in the manufacturing of
90recreational vehicles.
91     (8)  "Manufacturer/dealer agreement" means a written
92agreement or contract entered into between a manufacturer and a
93dealer which fixes the rights and responsibilities of the
94parties and pursuant to which the dealer sells new recreational
95vehicles.
96     (9)  "Proprietary part" means any part manufactured by or
97for and sold exclusively by the manufacturer.
98     (10)  "Recreational vehicle" means the types of motor
99vehicle or motor vehicles defined by s. 320.01(1)(b).
100     (11)  "Transient customer" means a customer who is
101temporarily traveling through a dealer's area of sales
102responsibility.
103     (12)  "Warrantor" means any person, firm, corporation, or
104business entity that gives a warranty in connection with a new
105recreational vehicle or parts, accessories, or components
106thereof. Such term does not include service contracts,
107mechanical or other insurance, or extended warranties sold for
108separate consideration by a dealer or other person not
109controlled by a manufacturer.
110     Section 3.  Section 320.3203, Florida Statutes, is created
111to read:
112     320.3203  Requirement for a written manufacturer/dealer
113agreement; area of sales responsibility.--
114     (1)  A manufacturer or distributor may not sell a
115recreational vehicle in the state to or through a dealer without
116having entered into a manufacturer/dealer agreement which is
117signed by both parties.
118     (2)  The manufacturer shall designate in the
119manufacturer/dealer agreement the area of sales responsibility
120exclusively assigned to a dealer and shall not change such area
121or establish another dealer for the same line-make in such area
122during the duration of the agreement.
123     (3)  The area of sales responsibility may not be subject to
124review or change before 1 year after the execution of the
125manufacturer/dealer agreement.
126     (4)  A motor vehicle dealer may not sell a new recreational
127vehicle in this state without having entered into a
128manufacturer/dealer agreement and may not sell outside of its
129designated area of sales responsibility.
130     (5)(a)  Notwithstanding subsection (4), a dealer may sell
131outside of its designated area of responsibility if the dealer
132obtains a supplemental license pursuant to s. 320.771(7) and
133meets one of the following conditions:
134     1.  For sales within another dealer's designated area of
135sales responsibility, the dealer must obtain in advance of the
136off-premise sale a written agreement signed by the dealer, the
137manufacturer of the recreational vehicles to be sold at the off-
138premise sale, and the dealer in whose designated area of sales
139responsibility the off-premise sale will occur. The written
140agreement must:
141     a.  Designate the recreational vehicles to be sold;
142     b.  Set forth the time period for the off-premise sale; and
143     c.  Affirmatively authorize the sale of the recreational
144vehicles.
145     2.  The off-premise sale is not located within any dealer's
146designated area of sales responsibility and is in conjunction
147with a public vehicle show.
148     3.  The off-premise sale is in conjunction with a public
149vehicle show in which more than 35 dealers are participating and
150is predominantly funded by manufacturers.
151     (b)  For the purposes of this subsection, "public vehicle
152show" means an event sponsored by an organization approved under
153section 501(c)(6) of the Internal Revenue Code which has the
154purpose of promoting the welfare of the recreational vehicle
155industry and is located at a site:
156     1.  That will be used to display and sell recreational
157vehicles;
158     2.  That is not used for off-premise sales for more than 10
159days in a calendar year; and
160     3.  That is not the location set forth on any dealer's
161license as its place of business.
162     Section 4.  Section 320.3204, Florida Statutes, is created
163to read:
164     320.3204  Sales of recreational vehicles by manufacturer or
165distributor.--Sales of recreational vehicles by manufacturers or
166distributors shall be in accordance with published prices,
167charges, and terms of sale in effect at any given time. The
168manufacturer must sell products on the same basis, with respect
169to all rebates, discounts, and programs, to all competing
170dealers similarly situated.
171     Section 5.  Section 320.3205, Florida Statutes, is created
172to read:
173     320.3205  Termination, cancellation, and nonrenewal of a
174manufacturer/dealer agreement.--
175     (1)(a)  A manufacturer, directly or through any officer,
176agent, or employee, may not terminate, cancel, or fail to renew
177a manufacturer/dealer agreement without good cause, and, upon
178renewal, may not require additional inventory stocking
179requirements or increased retail sales targets in excess of the
180market growth in the dealer's area of responsibility.
181     (b)  The manufacturer has the burden of showing good cause.
182For purposes of determining whether there is good cause for a
183proposed action by a manufacturer, all of the following factors
184must be considered:
185     1.  The extent of the affected dealer's penetration in the
186relevant market area.
187     2.  The nature and extent of the dealer's investment in its
188business.
189     3.  The adequacy of the dealer's service facilities,
190equipment, parts, supplies, and personnel.
191     4.  The effect of the proposed action on the community.
192     5.  The extent and quality of the dealer's service under
193recreational vehicle warranties.
194     6.  The failure to follow agreed-upon procedures or
195standards related to the overall operation of the dealership.
196     7.  The dealer's performance under the terms of its
197manufacturer/dealer agreement.
198     (c)  Except as provided in this section, a manufacturer
199shall provide a dealer at least 120 days' prior written notice
200of termination, cancellation, or nonrenewal of the
201manufacturer/dealer agreement.
202     1.  The notice shall state all reasons for termination,
203cancellation, or nonrenewal and shall further state that if,
204within 30 days following receipt of the manufacturer's notice,
205the dealer provides to the manufacturer a written notice of
206intent to cure all claimed deficiencies, the dealer will then
207have 120 days after the date of the manufacturer's notice to
208rectify the deficiencies. If the deficiencies are rectified
209within 120 days, the manufacturer's notice shall be void. If the
210dealer fails to provide the notice of intent to cure
211deficiencies in the prescribed time period, the termination,
212cancellation, or nonrenewal shall take effect 30 days after the
213dealer's receipt of the manufacturer's notice unless the dealer
214has new and untitled inventory on hand.
215     2.  The notice period may be reduced to 30 days if the
216grounds for termination, cancellation, or nonrenewal are due to:
217     a.  Conviction of or plea of nolo contendere to a felony of
218a dealer or one of its owners;
219     b.  The abandonment or closing of the business operations
220of the dealer for 10 consecutive business days unless the
221closing is due to an act of God, strike, labor difficulty, or
222other cause over which the dealer has no control;
223     c.  A significant misrepresentation by the dealer; or
224     d.  A suspension or revocation of the dealer's license, or
225refusal to renew the dealer's license, by the department.
226     3.  The notice provisions of this paragraph shall not apply
227if the reason for termination, cancellation, or nonrenewal is
228insolvency, the occurrence of an assignment for the benefit of
229creditors, or bankruptcy.
230     (2)  A dealer may terminate its manufacturer/dealer
231agreement with or without cause at any time by giving 30 days'
232written notice to the manufacturer. The dealer has the burden of
233showing good cause. Any of the following items shall be deemed
234good cause for a proposed action by a dealer:
235     (a)  Conviction of or plea of nolo contendere to a felony
236of a manufacturer or one of its subsidiary companies.
237     (b)  The business operations of the manufacturer have been
238abandoned or closed for 10 consecutive business days, unless the
239closing is due to an act of God, strike, labor difficulty, or
240other cause over which the manufacturer has no control.
241     (c)  A significant misrepresentation by the manufacturer.
242     (d)  A violation of ss. 320.3201-320.3211.
243     (e)  A declaration by the manufacturer of bankruptcy,
244insolvency, or the occurrence of an assignment for the benefit
245of creditors or bankruptcy.
246     (3)  If the manufacturer/dealer agreement is terminated,
247canceled, or not renewed by the manufacturer or by the dealer
248for cause, the manufacturer shall, at the election of the dealer
249and within 30 days of termination, cancellation, or nonrenewal,
250repurchase:
251     (a)  All new motor vehicles, as defined by s. 319.001(8),
252acquired from the manufacturer which have not been used except
253for demonstration purposes, altered, or damaged at 100 percent
254of the net invoice cost, including transportation, less
255applicable rebates and discounts to the dealer. In the event any
256of the vehicles repurchased are damaged, the amount due to the
257dealer shall be reduced by the cost to repair the vehicle.
258Damage prior to delivery to the dealer will not disqualify
259repurchase under this subsection;
260     (b)  All current and undamaged manufacturer's accessories
261and proprietary parts sold to the dealer for resale, if
262accompanied by the original invoice, at 105 percent of the
263original net price paid to the manufacturer to compensate the
264dealer for handling, packing, and shipping the parts; and
265     (c)  Any functioning diagnostic equipment, special tools,
266current signage, and other equipment and machinery at 100
267percent of the dealer's net cost plus freight, destination,
268delivery, and distribution charges and sales taxes, if any,
269provided it was purchased by the dealer within 5 years before
270termination and upon the manufacturer's request and can no
271longer be used in the normal course of the dealer's ongoing
272business. The manufacturer shall pay the dealer within 30 days
273after receipt of the returned items.
274     Section 6.  Section 320.3206, Florida Statutes, is created
275to read:
276     320.3206  Transfer of ownership; family succession.--
277     (1)  If a dealer desires to make a change in its ownership
278by the sale of the business assets, stock transfer, or
279otherwise, the dealer must give the manufacturer 30 days'
280written notice before the closing, including all supporting
281documentation as may be reasonably required by the manufacturer.
282The manufacturer shall not refuse consent to the proposed change
283or sale and may not disapprove or withhold approval of the
284change or sale unless the manufacturer can show that its
285decision is based on the manufacturer's reasonable criteria,
286which may include the prospective transferee's business
287experience, moral character, financial qualifications, and any
288criminal record.
289     (2)  If the manufacturer rejects a proposed change or sale,
290the manufacturer shall give written notice of its reasons to the
291dealer within 30 days after receipt of the dealer's notification
292and complete documentation. If the manufacturer does not give
293notice of rejection, the change or sale shall be deemed
294approved.
295     (3)  The manufacturer has the burden of showing that its
296rejection of the transfer or sale is reasonable.
297     (4)  It is unlawful for any manufacturer to fail to provide
298a dealer an opportunity to designate, in writing, a family
299member as a successor to the dealership in the event of the
300death, incapacity, or retirement of the dealer. It shall be
301unlawful to prevent or refuse to honor the succession to a
302dealership by a family member of the deceased, incapacitated, or
303retired dealer unless the manufacturer has provided to the
304dealer written notice of its objections. Grounds for objection
305shall be lack of creditworthiness, conviction of a felony, lack
306of required licenses or business experience, or other condition
307that makes the succession unreasonable under the circumstances.
308The manufacturer has the burden of showing the unreasonableness
309of the succession. However, no family member may succeed to a
310dealership if the succession involves, without the
311manufacturer's consent, a relocation of the business or an
312alteration of the terms and conditions of the
313manufacturer/dealer agreement.
314     Section 7.  Section 320.3207, Florida Statutes, is created
315to read:
316     320.3207  Warranty obligations.--
317     (1)  Each warrantor shall specify in writing to each of its
318dealers obligations, if any, for preparation, delivery, and
319warranty service on its products; compensate the dealer for
320warranty service required of the dealer by the warrantor; and
321provide the dealer the schedule of compensation to be paid and
322the time allowances for the performance of such work and
323service. In no event shall the schedule of compensation fail to
324include reasonable compensation for diagnostic work as well as
325warranty labor.
326     (2)  Time allowances for the diagnosis and performance of
327warranty labor shall be reasonable for the work to be performed.
328The manufacturer shall authorize the dealer to undertake
329warranty repairs without prior approval if the repairs require
330less than 3 hours of labor. In no event shall the compensation
331of a dealer for warranty labor be less than the lowest retail
332labor rates actually charged by the dealer for like nonwarranty
333labor as long as such rates are reasonable.
334     (3)  The warrantor shall reimburse the dealer for warranty
335parts at actual wholesale cost plus a minimum 30-percent
336handling charge and the cost, if any, of freight to return
337warranty parts to the warrantor.
338     (4)  Warranty audits of dealer records may be conducted by
339the warrantor on a reasonable basis, and dealer claims for
340warranty compensation shall not be denied except for cause, such
341as performance of nonwarranty repairs, material noncompliance
342with warrantor's published policies and procedures, lack of
343material documentation, fraud, or misrepresentation.
344     (5)  The dealer must submit warranty claims within 45 days
345after completing work.
346     (6)  The dealer must notify the warrantor verbally or in
347writing if the dealer is unable to perform material or
348repetitive warranty repairs as soon as is reasonably possible.
349     (7)  The warrantor must disapprove warranty claims in
350writing within 30 days after the date of submission by the
351dealer in the manner and form prescribed by the warrantor.
352Claims not specifically disapproved in writing within 30 days
353shall be construed to be approved and must be paid within 45
354days.
355     (8)  It is a violation of ss. 320.3201-320.3211 for any
356warrantor to:
357     (a)  Fail to perform any of its warranty obligations with
358respect to a recreational vehicle and its components;
359     (b)  Fail to include, in written notices of factory
360campaigns to recreational vehicle owners and dealers, the
361expected date by which necessary parts and equipment, including
362tires and chassis or chassis parts, will be available to dealers
363to perform the campaign work. The manufacturer may ship parts to
364the dealer to effect the campaign work, and, if such parts are
365in excess of the dealer's requirements, the dealer may return
366unused parts to the manufacturer for credit after completion of
367the campaign;
368     (c)  Fail to compensate any of its dealers for authorized
369repairs effected by the dealer of merchandise damaged in
370manufacture or transit to the dealer, if the carrier is
371designated by the manufacturer, factory branch, distributor, or
372distributor branch;
373     (d)  Fail to compensate any of its dealers for authorized
374warranty service in accordance with the schedule of compensation
375provided to the dealer pursuant to this section if performed in
376a timely and competent manner;
377     (e)  Intentionally misrepresent in any way to purchasers of
378recreational vehicles that warranties with respect to the
379manufacture, performance, or design of the vehicle are made by
380the dealer either as warrantor or cowarrantor; or
381     (f)  Require the dealer to make warranties to customers in
382any manner related to the manufacture of the recreational
383vehicle.
384     (9)  It is a violation of ss. 320.3201-320.3211 for any
385dealer to:
386     (a)  Fail to perform predelivery inspection functions, if
387required, in a competent and timely manner;
388     (b)  Fail to perform warranty service work authorized by
389the warrantor in a reasonably competent and timely manner on any
390transient customer's vehicle of the same line-make without good
391cause; or
392     (c)  Misrepresent the terms of any warranty.
393     (10)(a)  Notwithstanding the terms of any
394manufacturer/dealer agreement, it is a violation of ss.
395320.3201-320.3211 for any warrantor to fail to indemnify and
396hold harmless its dealer against any losses or damages to the
397extent such losses or damages are caused by the negligence or
398willful misconduct of the warrantor. The dealer shall not be
399denied indemnification for failing to discover, disclose, or
400remedy a defect in the design or manufacturing of the
401recreational vehicle. The dealer shall provide to the warrantor
402a copy of any suit in which allegations are made that come
403within this subsection within 10 days after receiving such suit.
404     (b)  Notwithstanding the terms of any manufacturer/dealer
405agreement, it is a violation of ss. 320.3201-320.3211 for any
406dealer to fail to indemnify and hold harmless its warrantor
407against any losses or damages to the extent such losses or
408damages are caused by the negligence or willful misconduct of
409the dealer. The warrantor shall provide to the dealer a copy of
410pending suits in which allegations are made that come within
411this subsection within 10 days after receiving such suit.
412     Section 8.  Section 320.3208, Florida Statutes, is created
413to read:
414     320.3208  Inspection and rejection by the dealer.--
415     (1)  Whenever a new recreational vehicle is damaged prior
416to transit to the dealer or is damaged in transit to the dealer
417when the carrier or means of transportation has been selected by
418the manufacturer or distributor, the dealer shall:
419     (a)  Notify the manufacturer or distributor of the damage
420by the next business day after the date of delivery of the new
421recreational vehicle to the dealer or within such additional
422time as specified in the manufacturer/dealer agreement; and
423     (b)  Either:
424     1.  Request from the manufacturer or distributor
425authorization to replace the components, parts, and accessories
426damaged or otherwise correct the damage; or
427     2.  Reject the vehicle within the timeframe set forth in
428subsection (3).
429
430If the manufacturer or distributor refuses or fails to authorize
431repair of such damage within 10 days after receipt of
432notification or if the dealer rejects the recreational vehicle
433because of damage, ownership of the new recreational vehicle
434shall revert to the manufacturer or distributor.
435     (2)  The dealer will exercise due care in custody of the
436damaged recreational vehicle, but the dealer shall have no other
437obligations, financial or otherwise, with respect to that
438recreational vehicle.
439     (3)  The timeframe for inspection and rejection by the
440dealer shall be part of the manufacturer/dealer agreement and
441shall not be less than 3 business days after the physical
442delivery of the recreational vehicle.
443     (4)  Any recreational vehicle that has, at the time of
444delivery to the dealer, an unreasonable amount of miles on its
445odometer, as determined by the dealer, may be subject to
446rejection by the dealer and reversion of the vehicle to the
447manufacturer or distributor.
448     Section 9.  Section 320.3209, Florida Statutes, is created
449to read:
450     320.3209  Coercion of dealer prohibited.--
451     (1)  A manufacturer or distributor may not coerce or
452attempt to coerce a dealer to:
453     (a)  Purchase a product that the dealer did not order;
454     (b)  Enter into an agreement with the manufacturer or
455distributor;
456     (c)  Take any action which is unfair or unreasonable to the
457dealer; or
458     (d)  Require a dealer to enter into an agreement that
459requires the dealer to submit its disputes to binding
460arbitration or otherwise waive rights or responsibilities under
461ss. 320.3201-320.3211.
462     (2)  As used in this section, the term "coerce" includes,
463but is not limited to, threatening to terminate, cancel, or not
464renew a manufacturer/dealer agreement without good cause or
465threatening to withhold product lines or delay product delivery
466as an inducement to amending the manufacturer/dealer agreement.
467     Section 10.  Section 320.3210, Florida Statutes, is created
468to read:
469     320.3210  Civil dispute resolution; mediation; relief.--
470     (1)  A dealer, manufacturer, distributor, or warrantor
471injured by another party's violation of ss. 320.3201-320.3211
472may bring a civil action in circuit court to recover actual
473damages. The court shall award attorney's fees and costs to the
474prevailing party in such an action. Venue for any civil action
475authorized by this section shall exclusively be in the county in
476which the dealership is located. In an action involving more
477than one dealer, venue may be in any county in which a dealer
478that is party to the action is located.
479     (2)(a)  Prior to bringing suit under this section, the
480party bringing suit for an alleged violation shall serve a
481written demand for mediation upon the offending party.
482     (b)  The demand for mediation shall be served upon the
483offending party via certified mail at the address stated within
484the agreement between the parties. In the event of a civil
485action between two dealers, the demand shall be mailed to the
486address on the dealer's license filed with the department.
487     (c)  The demand for mediation shall contain a brief
488statement of the dispute and the relief sought by the party
489filing the demand.
490     (d)  Within 20 days after the date a demand for mediation
491is served, the parties shall mutually select an independent
492certified mediator and meet with that mediator for the purpose
493of attempting to resolve the dispute. The meeting place shall be
494in this state in a location selected by the mediator. The
495mediator may extend the date of the meeting for good cause shown
496by either party or upon stipulation of both parties.
497     (e)  The service of a demand for mediation under this
498subsection shall stay the time for the filing of any complaint,
499petition, protest, or action under ss. 320.3201-320.3211 until
500representatives of both parties have met with a mutually
501selected mediator for the purpose of attempting to resolve the
502dispute. If a complaint, petition, protest, or action is filed
503before that meeting, the court shall enter an order suspending
504the proceeding or action until the meeting has occurred and may,
505upon written stipulation of all parties to the proceeding or
506action that they wish to continue to mediate under this
507subsection, enter an order suspending the proceeding or action
508for as long a period as the court considers appropriate. A
509suspension order issued under this paragraph may be revoked upon
510motion of any party or upon motion of the court.
511     (f)  The parties to the mediation shall bear their own
512costs for attorney's fees and divide equally the cost of the
513mediator.
514     (3)  In addition to the remedies provided in this section
515and notwithstanding the existence of any additional remedy at
516law, a dealer is authorized to make application to a circuit
517court for the grant, upon a hearing and for cause shown, of a
518temporary or permanent injunction, or both, restraining any
519person from acting as a dealer without being properly licensed
520pursuant s. 320.771, from violating or continuing to violate any
521of the provisions of ss. 320.3201-320.3211, or from failing or
522refusing to comply with the requirements of ss. 320.3201-
523320.3211. Such injunction shall be issued without bond. A single
524act in violation of the provisions of ss. 320.3201-320.3211
525shall be sufficient to authorize the issuance of an injunction.
526     Section 11.  Section 320.3211, Florida Statutes, is created
527to read:
528     320.3211  Penalties.--
529     (1)  The department shall, as it deems necessary, either
530suspend or revoke any license issued under s. 320.771 upon a
531finding that the dealer violated any provision of ss. 320.3201-
532320.3211. The department is authorized to assess, impose, levy,
533and collect by legal process fines, in an amount not to exceed
534$1,000 for each violation, against any individual if it finds
535that he or she has violated any provision of ss. 320.3201-
536320.3211. Such individual is entitled to an administrative
537hearing pursuant to chapter 120 to contest the action or fine
538levied, or about to be levied, upon him or her.
539     (2)  In addition to the civil and administrative remedies,
540a person who violates any provision of ss. 320.3201-320.3211
541commits a misdemeanor of the second degree, punishable as
542provided in s. 775.082 or s. 775.083.
543     Section 12.  If any provision of this act or the
544application thereof to any person or circumstance is held
545invalid, the invalidity shall not affect other provisions or
546applications of the act which can be given effect without the
547invalid provision or application and, to this end, the
548provisions of this act are declared severable.
549     Section 13.  This act shall take effect July 1, 2007.


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