CS/HB 1457

1	A bill to be entitled
2	An act relating to recreational vehicle manufacturers,
3	distributors, and dealers; creating s. 320.3201, F.S.;
4	providing legislative intent; creating s. 320.3202, F.S.;
5	providing definitions; creating s. 320.3203, F.S.;
6	providing requirements for a manufacturer/dealer
7	agreement; requiring designation of the area of sales
8	responsibility; providing conditions for sales outside the
9	dealer's area of sales responsibility; creating s.
10	320.3204, F.S.; providing requirements for sales by
11	manufacturers and distributors; creating s. 320.3205,
12	F.S.; providing requirements and procedures for
13	termination, cancellation, or nonrenewal of a
14	manufacturer/dealer agreement by a manufacturer or a
15	dealer; providing for the repurchase by the manufacturer
16	of vehicles, accessories, parts and equipment, tools,
17	signage, and machinery; creating s. 320.3206, F.S.;
18	providing for change in ownership by a dealer; requiring
19	notice to the manufacturer; providing requirements for
20	rejection by the manufacturer; providing for a dealer to
21	name a family member as a successor in case of retirement,
22	incapacitation, or death of the dealer; providing
23	requirements for rejection of the successor by the
24	manufacturer; creating s. 320.3207, F.S.; providing
25	requirements for warrantors, manufacturers, and dealers
26	with respect to warranty obligations; providing
27	requirements for compensation of the dealer; authorizing
28	warranty audits by the warrantor; requiring cause for
29	denial of compensation; providing for disposition of
30	warranty claims; prohibiting certain acts by the warrantor
31	and the dealer; requiring notice of certain pending suits;
32	creating s. 320.3208, F.S.; providing for inspection and
33	rejection of a recreational vehicle upon delivery to a
34	dealer; creating s. 320.3209, F.S.; prohibiting a
35	manufacturer or distributor from coercing a dealer to
36	perform certain acts; creating s. 320.3210, F.S.;
37	providing for resolution when a dealer, manufacturer,
38	distributor, or warrantor is injured by another party's
39	violation; authorizing civil action; providing for
40	mediation; providing for remedies; creating s. 320.3211,
41	F.S.; providing administrative and criminal penalties for
42	violations; providing for an administrative hearing to
43	contest a penalty imposed by the department; amending s.
44	320.8225, F.S.; providing licensure requirements for
45	distributors and importers; providing for severability;
46	providing an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Section 320.3201, Florida Statutes, is created
51	to read:
52	320.3201  Legislative intent.--
53	(1)  It is the intent of the Legislature to protect the
54	public health, safety, and welfare of the residents of the state
55	by regulating the relationship between recreational vehicle
56	dealers and manufacturers, maintaining competition, and
57	providing consumer protection and fair trade.
58	(2)  It is the intent of the Legislature that the
59	provisions of this act be applied to manufacturer/dealer
60	agreements entered into on or after October 1, 2007.
61	Section 2.  Section 320.3202, Florida Statutes, is created
62	to read:
63	321.3202  Definitions.--As used in ss. 320.3201-320.3211,
64	the term:
65	(1)  "Area of sales responsibility" means the geographical
66	area agreed to by the dealer and the manufacturer in the
67	manufacturer/dealer agreement within which the dealer has the
68	exclusive right to display or sell the manufacturer's new
69	recreational vehicles of a particular line-make.
70	(2)  "Dealer" means any person, firm, corporation, or
71	business entity licensed or required to be licensed under s.
72	320.771.
73	(3)  "Distributor" means any person, firm, corporation, or
74	business entity that purchases new recreational vehicles for
75	resale to dealers.
76	(4)  "Factory campaign" means an effort on the part of a
77	warrantor to contact recreational vehicle owners or dealers in
78	order to address a part or equipment issue.
79	(5)  "Family member" means a spouse, child, grandchild,
80	parent, sibling, niece, or nephew, or the spouse thereof.
81	(6)  "Line-make" means a specific series of recreational
82	vehicle products that:
83	(a)  Are identified by a common series trade name or
84	trademark;
85	(b)  Are targeted to a particular market segment, as
86	determined by their decor, features, equipment, size, weight,
87	and price range;
88	(c)  Have lengths and interior floor plans that distinguish
89	the recreational vehicles from other recreational vehicles with
90	substantially the same decor, equipment, features, price, and
91	weight; and
92	(d)  Belong to a single, distinct classification of
93	recreational vehicle product type having a substantial degree of
94	commonality in the construction of the chassis, frame, and body.
95	(7)  "Manufacturer" means any person, firm, corporation, or
96	business entity that engages in the manufacturing of
97	recreational vehicles.
98	(8)  "Manufacturer/dealer agreement" means a written
99	agreement or contract entered into between a manufacturer and a
100	dealer that fixes the rights and responsibilities of the parties
101	and pursuant to which the dealer sells new recreational
102	vehicles.
103	(9)  "Proprietary part" means any part manufactured by or
104	for and sold exclusively by the manufacturer.
105	(10)  "Recreational vehicle" means the category of motor
106	vehicle described s. 320.01(1)(b).
107	(11)  "Transient customer" means a customer who is
108	temporarily traveling through a dealer's area of sales
109	responsibility.
110	(12)  "Warrantor" means any person, firm, corporation, or
111	business entity that gives a warranty in connection with a new
112	recreational vehicle or parts, accessories, or components
113	thereof. The term does not include service contracts, mechanical
114	or other insurance, or extended warranties sold for separate
115	consideration by a dealer or other person not controlled by a
116	manufacturer.
117	Section 3.  Section 320.3203, Florida Statutes, is created
118	to read:
119	320.3203  Requirement for a written manufacturer/dealer
120	agreement; area of sales responsibility.--
121	(1)  A manufacturer or distributor may not sell a
122	recreational vehicle in this state to or through a dealer
123	without having first entered into a manufacturer/dealer
124	agreement with a dealer which has been signed by both parties.
125	(2)  The manufacturer shall designate the area of sales
126	responsibility exclusively assigned to a dealer in the
127	manufacturer/dealer agreement and may not change such area or
128	contract with another dealer for sale of the same line-make in
129	the designated area during the duration of the agreement.
130	(3)  The area of sales responsibility may not be reviewed
131	or changed until 1 year after the execution of the
132	manufacturer/dealer agreement.
133	(4)  A motor vehicle dealer may not sell a new recreational
134	vehicle in this state without having first entered into a
135	manufacturer/dealer agreement with a manufacturer or distributor
136	and may not sell outside of the area of sales responsibility
137	designated in the agreement.
138	(5)  Notwithstanding subsection (4), a dealer may sell
139	outside of its designated area of sales responsibility if the
140	dealer obtains a supplemental license pursuant to s. 320.771(7)
141	and meets any one of the following conditions:
142	(a)  For sales within another dealer's designated area of
143	sales responsibility, the dealer must obtain in advance of the
144	off-premise sale a written agreement signed by the dealer, the
145	manufacturer of the recreational vehicles to be sold at the off-
146	premise sale, and the dealer in whose designated area of sales
147	responsibility the off-premise sale will occur which:
148	1.  Designates the recreational vehicles to be sold;
149	2.  Sets forth the time period for the off-premise sale;
150	and
151	3.  Affirmatively authorizes the sale of the recreational
152	vehicles.
153	(b)  The off-premise sale is not located within any
154	dealer's designated area of sales responsibility and is in
155	conjunction with a public vehicle show.
156	(c)  The off-premise sale is in conjunction with a public
157	vehicle show in which more than 35 dealers are participating and
158	the show is predominantly funded by manufacturers. For the
159	purposes of this subsection, the term "public vehicle show"
160	means an event sponsored by an organization approved under s.
161	501(c)(6) of the Internal Revenue Code which has the purpose of
162	promoting the welfare of the recreational vehicle industry and
163	is located at a site that:
164	1.  Will be used to display and sell recreational vehicles;
165	2.  Is not used for off-premise sales for more than 10 days
166	in a calendar year; and
167	3.  Is not the location set forth on any dealer's license
168	as its place of business.
169	Section 4.  Section 320.3204, Florida Statutes, is created
170	to read:
171	320.3204  Sales of recreational vehicles by manufacturer or
172	distributor.--Sales of recreational vehicles by a manufacturer
173	or distributor shall be in accordance with published prices,
174	charges, and terms of sale in effect at any given time. The
175	manufacturer shall offer to sell products on the same basis,
176	with respect to all rebates, discounts, and programs, to all
177	competing dealers similarly situated.
178	Section 5.  Section 320.3205, Florida Statutes, is created
179	to read:
180	320.3205  Termination, cancellation, and nonrenewal of a
181	manufacturer/dealer agreement.--
182	(1)  A manufacturer or distributor, directly or through any
183	officer, agent, or employee, may not terminate, cancel, or fail
184	to renew a manufacturer/dealer agreement without good cause,
185	and, upon renewal, may not require additional inventory stocking
186	requirements or increased retail sales targets in excess of the
187	market growth in the dealer's area of sales responsibility.
188	(a)  The manufacturer or distributor has the burden of
189	showing good cause for terminating, canceling, or failing to
190	renew a manufacturer/dealer agreement with a dealer. For
191	purposes of determining whether there is good cause for the
192	proposed action, any of the following factors may be considered:
193	1.  The extent of the affected dealer's penetration in the
194	relevant market area.
195	2.  The nature and extent of the dealer's investment in its
196	business.
197	3.  The adequacy of the dealer's service facilities,
198	equipment, parts, supplies, and personnel.
199	4.  The effect of the proposed action on the community.
200	5.  The extent and quality of the dealer's service under
201	recreational vehicle warranties.
202	6.  The failure to follow agreed-upon procedures or
203	standards related to the overall operation of the dealership.
204	7.  The dealer's performance under the terms of its
205	manufacturer/dealer agreement.
206	(b)  Except as otherwise provided in this section, a
207	manufacturer or distributor shall provide a dealer with at least
208	120 days' prior written notice of termination, cancellation, or
209	nonrenewal of the manufacturer/dealer agreement.
210	1.  The notice must state all reasons for the proposed
211	termination, cancellation, or nonrenewal and must further state
212	that if, within 30 days following receipt of the notice, the
213	dealer provides to the manufacturer or distributor a written
214	notice of intent to cure all claimed deficiencies, the dealer
215	will then have 120 days following receipt of the notice to
216	rectify the deficiencies. If the deficiencies are rectified
217	within 120 days, the manufacturer's or distributor's notice is
218	voided. If the dealer fails to provide the notice of intent to
219	cure the deficiencies in the prescribed time period, the
220	termination, cancellation, or nonrenewal takes effect 30 days
221	after the dealer's receipt of the notice unless the dealer has
222	new and untitled inventory on hand that may be disposed of
223	pursuant to subsection (3).
224	2.  The notice period may be reduced to 30 days if the
225	grounds for termination, cancellation, or nonrenewal are due to:
226	a.  A dealer or one of its owners being convicted of, or
227	entering a plea of nolo contendere to, a felony;
228	b.  The abandonment or closing of the business operations
229	of the dealer for 10 consecutive business days unless the
230	closing is due to an act of God, strike, labor difficulty, or
231	other cause over which the dealer has no control;
232	c.  A material misrepresentation by the dealer; or
233	d.  A suspension or revocation of the dealer's license, or
234	refusal to renew the dealer's license, by the department.
235	3.  The notice provisions of this paragraph do not apply if
236	the reason for termination, cancellation, or nonrenewal is
237	insolvency, the occurrence of an assignment for the benefit of
238	creditors, or bankruptcy.
239	(2)  A dealer may terminate, cancel, or not renew its
240	manufacturer/dealer agreement with a manufacturer or distributor
241	with or without cause at any time by giving 30 days' written
242	notice to the manufacturer. If the termination, cancellation, or
243	nonrenewal is for cause, the dealer has the burden of showing
244	good cause. Any of the following items shall be deemed good
245	cause for the proposed action by a dealer:
246	(a)  A manufacturer or one of its subsidiary companies
247	being convicted of, or entering a plea of nolo contendere to, a
248	felony.
249	(b)  The business operations of the manufacturer have been
250	abandoned or closed for 10 consecutive business days, unless the
251	closing is due to an act of God, strike, labor difficulty, or
252	other cause over which the manufacturer has no control.
253	(c)  A significant misrepresentation by the manufacturer.
254	(d)  A material violation of ss. 320.3201-320.3211 which is
255	not cured within 30 days after written notice by the dealer.
256	(e)  A declaration by the manufacturer of bankruptcy,
257	insolvency, or the occurrence of an assignment for the benefit
258	of creditors or bankruptcy.
259	(3)  If the manufacturer/dealer agreement is terminated,
260	canceled, or not renewed by the manufacturer or distributor
261	without cause or by the dealer for cause, the manufacturer
262	shall, at the election of the dealer and within 30 days after
263	termination, cancellation, or nonrenewal, repurchase:
264	(a)  All recreational vehicles that are classified as "new"
265	for titling purposes under s. 319.001(8), that were acquired
266	from the manufacturer or distributor, that have not been used,
267	except for demonstration purposes, and that have not been
268	altered or damaged, at 100 percent of the net invoice cost,
269	including transportation, less applicable rebates and discounts
270	to the dealer. If any of the vehicles repurchased are damaged,
271	the amount due to the dealer shall be reduced by the cost to
272	repair the vehicle. Damage prior to delivery to the dealer will
273	not disqualify repurchase under this subsection;
274	(b)  All undamaged accessories and proprietary parts sold
275	to the dealer for resale within the 12 months prior to
276	termination, cancellation, or nonrenewal, if accompanied by the
277	original invoice, at 105 percent of the original net price paid
278	to the manufacturer or distributor to compensate the dealer for
279	handling, packing, and shipping the parts; and
280	(c)  Any properly functioning diagnostic equipment, special
281	tools, current signage, and other equipment and machinery at 100
282	percent of the dealer's net cost plus freight, destination,
283	delivery, and distribution charges and sales taxes, if any, if
284	it was purchased by the dealer within 5 years before
285	termination, cancellation, or nonrenewal and upon the
286	manufacturer's or distributor's request and can no longer be
287	used in the normal course of the dealer's ongoing business. The
288	manufacturer or distributor shall pay the dealer within 30 days
289	after receipt of the returned items.
290	Section 6.  Section 320.3206, Florida Statutes, is created
291	to read:
292	320.3206  Transfer of ownership; family succession.--
293	(1)  If a dealer desires to make a change in ownership by
294	the sale of the business assets, stock transfer, or otherwise,
295	the dealer shall give the manufacturer or distributor 30 days'
296	written notice before the closing, including all supporting
297	documentation as may be reasonably required by the manufacturer
298	or distributor. The manufacturer or distributor may not refuse
299	consent to the proposed change or sale and may not disapprove or
300	withhold approval of the change or sale unless the manufacturer
301	or distributor can show that its decision is based on the
302	manufacturer's reasonable criteria, which may include the
303	prospective transferee's business experience, moral character,
304	financial qualifications, and any criminal record.
305	(2)  If the manufacturer or distributor rejects a proposed
306	change or sale, the manufacturer or distributor shall give
307	written notice of its reasons to the dealer within 30 days after
308	receipt of the dealer's notification and complete documentation.
309	The manufacturer or distributor has the burden of showing that
310	its rejection of the transfer or sale is reasonable. If the
311	manufacturer or distributor does not give notice of rejection,
312	the change or sale shall be deemed approved.
313	(3)  It is unlawful for a manufacturer or distributor to
314	fail to provide a dealer an opportunity to designate, in
315	writing, a family member as a successor to the dealership in the
316	event of the death, incapacity, or retirement of the dealer. It
317	is unlawful to prevent or refuse to honor the succession to a
318	dealership by a family member of the deceased, incapacitated, or
319	retired dealer unless the manufacturer or distributor has
320	provided to the dealer written notice of its objections within
321	30 days after receipt of the dealer's modification of the
322	dealer's succession plan. Grounds for objection include lack of
323	creditworthiness, conviction of a felony, lack of required
324	licenses or business experience, or other condition that makes
325	the succession unreasonable under the circumstances. The
326	manufacturer or distributor has the burden of showing the
327	unreasonableness of the succession. However, a family member may
328	not succeed to a dealership if the succession involves, without
329	the manufacturer's or distributor's consent, a relocation of the
330	business or an alteration of the terms and conditions of the
331	manufacturer/dealer agreement.
332	Section 7.  Section 320.3207, Florida Statutes, is created
333	to read:
334	320.3207  Warranty obligations.--
335	(1)  Each warrantor shall:
336	(a)  Specify in writing to each of its dealer obligations,
337	if any, for preparation, delivery, and warranty service on its
338	products;
339	(b)  Compensate the dealer for warranty service required of
340	the dealer by the warrantor; and
341	(c)  Provide the dealer the schedule of compensation to be
342	paid and the time allowances for the performance of any work and
343	service.
344
345	The schedule of compensation must include reasonable
346	compensation for diagnostic work as well as warranty labor.
347	(2)  Time allowances for the diagnosis and performance of
348	warranty labor must be reasonable for the work to be performed.
349	The warrantor shall authorize the dealer to undertake warranty
350	repairs without prior approval if the repairs require less than
351	3 hours of labor. The compensation of a dealer for warranty
352	labor may not be less than the lowest retail labor rates
353	actually charged by the dealer for like nonwarranty labor as
354	long as such rates are reasonable.
355	(3)  The warrantor shall reimburse the dealer for warranty
356	parts at actual wholesale cost plus a minimum 30-percent
357	handling charge and the cost, if any, of freight to return
358	warranty parts to the warrantor.
359	(4)  Warranty audits of dealer records may be conducted by
360	the warrantor on a reasonable basis, and dealer claims for
361	warranty compensation may not be denied except for cause, such
362	as performance of nonwarranty repairs, material noncompliance
363	with the warrantor's published policies and procedures, lack of
364	material documentation, fraud, or misrepresentation.
365	(5)  The dealer shall submit warranty claims within 45 days
366	after completing work.
367	(6)  The dealer shall notify the warrantor verbally or in
368	writing if the dealer is unable to perform material or
369	repetitive warranty repairs as soon as is reasonably possible.
370	(7)  The warrantor shall disapprove warranty claims in
371	writing within 45 days after the date of submission by the
372	dealer in the manner and form prescribed by the warrantor.
373	Claims not specifically disapproved in writing within 45 days
374	shall be construed to be approved and must be paid within 60
375	days.
376	(8)  It is a violation of ss. 320.3201-320.3211 for any
377	warrantor to:
378	(a)  Fail to perform any of its warranty obligations with
379	respect to its warranted products;
380	(b)  Fail to include, in written notices of factory
381	campaigns to recreational vehicle owners and dealers, the
382	expected date by which necessary parts and equipment, including
383	tires and chassis or chassis parts, will be available to dealers
384	to perform the campaign work. The warrantor may ship parts to
385	the dealer to effect the campaign work, and, if such parts are
386	in excess of the dealer's requirements, the dealer may return
387	unused parts to the warrantor for credit after completion of the
388	campaign;
389	(c)  Fail to compensate any of its dealers for authorized
390	repairs effected by the dealer of merchandise damaged in
391	manufacture or transit to the dealer, if the carrier is
392	designated by the warrantor, factory branch, distributor, or
393	distributor branch;
394	(d)  Fail to compensate any of its dealers for authorized
395	warranty service in accordance with the schedule of compensation
396	provided to the dealer pursuant to this section if performed in
397	a timely and competent manner;
398	(e)  Intentionally misrepresent in any way to purchasers of
399	recreational vehicles that warranties with respect to the
400	manufacture, performance, or design of the vehicle are made by
401	the dealer as warrantor or cowarrantor; or
402	(f)  Require the dealer to make warranties to customers in
403	any manner related to the manufacture of the recreational
404	vehicle.
405	(9)  It is a violation of ss. 320.3201-320.3211 for any
406	dealer to:
407	(a)  Fail to perform predelivery inspection functions, as
408	specified by the warrantor, in a competent and timely manner;
409	(b)  Fail to perform warranty service work authorized by
410	the warrantor in a reasonably competent and timely manner on any
411	transient customer's vehicle of the same line-make; or
412	(c)  Misrepresent the terms of any warranty.
413	(10)  Notwithstanding the terms of any manufacturer/dealer
414	agreement, it is a violation of ss. 320.3201-320.3211 for:
415	(a)  A warrantor to fail to indemnify and hold harmless its
416	dealer against any losses or damages to the extent such losses
417	or damages are caused by the negligence or willful misconduct of
418	the warrantor. The dealer may not be denied indemnification for
419	failing to discover, disclose, or remedy a defect in the design
420	or manufacturing of the recreational vehicle. The dealer shall
421	provide to the warrantor a copy of any suit in which allegations
422	are made that come within this subsection within 10 days after
423	receiving such suit.
424	(b)  A dealer to fail to indemnify and hold harmless its
425	warrantor against any losses or damages to the extent such
426	losses or damages are caused by the negligence or willful
427	misconduct of the dealer. The warrantor shall provide to the
428	dealer a copy of any suit in which allegations are made that
429	come within this subsection within 10 days after receiving such
430	suit.
431	Section 8.  Section 320.3208, Florida Statutes, is created
432	to read:
433	320.3208  Inspection and rejection by the dealer.--
434	(1)  Whenever a new recreational vehicle is damaged prior
435	to transit to the dealer or is damaged in transit to the dealer
436	when the carrier or means of transportation has been selected by
437	the manufacturer or distributor, the dealer shall notify the
438	manufacturer or distributor of the damage within the timeframe
439	specified in the manufacturer/dealer agreement and:
440	(a)  Request from the manufacturer or distributor
441	authorization to replace the components, parts, and accessories
442	damaged or otherwise correct the damage; or
443	(b)  Reject the vehicle within the timeframe set forth in
444	subsection (3).
445
446	If the manufacturer or distributor refuses or fails to authorize
447	repair of such damage within 10 days after receipt of
448	notification or if the dealer rejects the recreational vehicle
449	because of damage, ownership of the new recreational vehicle
450	reverts to the manufacturer or distributor.
451	(2)  The dealer shall exercise due care in custody of the
452	damaged recreational vehicle, but the dealer shall have no other
453	obligations, financial or otherwise, with respect to that
454	recreational vehicle.
455	(3)  The timeframe for inspection and rejection by the
456	dealer must be part of the manufacturer/dealer agreement and may
457	not be less than 3 business days after the physical delivery of
458	the recreational vehicle.
459	(4)  Any recreational vehicle that has, at the time of
460	delivery to the dealer, an unreasonable amount of miles on its
461	odometer, as determined by the dealer, may be subject to
462	rejection by the dealer and reversion of the vehicle to the
463	manufacturer or distributor.
464	Section 9.  Section 320.3209, Florida Statutes, is created
465	to read:
466	320.3209  Coercion of dealer prohibited.--
467	(1)  A manufacturer or distributor may not coerce or
468	attempt to coerce a dealer to:
469	(a)  Purchase a product that the dealer did not order;
470	(b)  Enter into an agreement with the manufacturer or
471	distributor;
472	(c)  Take any action that is unfair or unreasonable to the
473	dealer; or
474	(d)  Enter into an agreement that requires the dealer to
475	submit its disputes to binding arbitration or otherwise waive
476	rights or responsibilities provided under ss. 320.3201-320.3211.
477	(2)  As used in this section, the term "coerce" includes,
478	but is not limited to, threatening to terminate, cancel, or not
479	renew a manufacturer/dealer agreement without good cause or
480	threatening to withhold product lines or delay product delivery
481	as an inducement to amending the manufacturer/dealer agreement.
482	Section 10.  Section 320.3210, Florida Statutes, is created
483	to read:
484	320.3210  Civil dispute resolution; mediation; relief.--
485	(1)  A dealer, manufacturer, distributor, or warrantor
486	injured by another party's violation of ss. 320.3201-320.3211
487	may bring a civil action in circuit court to recover actual
488	damages. The court shall award attorney's fees and costs to the
489	prevailing party in such action. Venue for any civil action
490	authorized by this section must exclusively be in the county in
491	which the dealership is located. In an action involving more
492	than one dealer, venue may be in any county in which a dealer
493	who is party to the action is located.
494	(2)  Before bringing suit under this section, the party
495	bringing suit for an alleged violation shall serve a written
496	demand for mediation upon the offending party.
497	(a)  The demand for mediation shall be served upon the
498	offending party via certified mail at the address stated within
499	the agreement between the parties. In the event of a civil
500	action between two dealers, the demand must be mailed to the
501	address on the dealer's license filed with the department.
502	(b)  The demand for mediation must contain a brief
503	statement of the dispute and the relief sought by the party
504	filing the demand.
505	(c)  Within 20 days after the date a demand for mediation
506	is served, the parties shall mutually select an independent
507	certified mediator and meet with the mediator for the purpose of
508	attempting to resolve the dispute. The meeting place must be in
509	this state in a location selected by the mediator. The mediator
510	may extend the date of the meeting for good cause shown by
511	either party or upon stipulation of both parties.
512	(d)  The service of a demand for mediation under this
513	subsection stays the time for the filing of any complaint,
514	petition, protest, or action under ss. 320.3201-320.3211 until
515	representatives of both parties have met with a mutually
516	selected mediator for the purpose of attempting to resolve the
517	dispute. If a complaint, petition, protest, or action is filed
518	before that meeting, the court shall enter an order suspending
519	the proceeding or action until the meeting has occurred and may,
520	upon written stipulation of all parties to the proceeding or
521	action that they wish to continue to mediate under this
522	subsection, enter an order suspending the proceeding or action
523	for as long a period as the court considers appropriate. A
524	suspension order issued under this paragraph may be revoked by
525	the court.
526	(e)  The parties to the mediation shall bear their own
527	costs for attorney's fees and divide equally the cost of the
528	mediator.
529	(3)  In addition to the remedies provided in this section
530	and notwithstanding the existence of any additional remedy at
531	law, a dealer or manufacturer may apply to a circuit court for
532	the grant, upon a hearing and for cause shown, of a temporary or
533	permanent injunction, or both, restraining any person from
534	acting as a dealer, manufacturer, distributor, or importer
535	without being properly licensed pursuant to this chapter, from
536	violating or continuing to violate any of the provisions of ss.
537	320.3201-320.3211, or from failing or refusing to comply with
538	the requirements of ss. 320.3201-320.3211. Such injunction shall
539	be issued without bond. A single act in violation of the
540	provisions of ss. 320.3201-320.3211 is sufficient to authorize
541	the issuance of an injunction.
542	Section 11.  Section 320.3211, Florida Statutes, is created
543	to read:
544	320.3211  Penalties.--
545	(1)  The department may suspend or revoke any license
546	issued under s. 320.771 upon a finding that the dealer,
547	manufacturer, or distributor violated any provision of ss.
548	320.3201-320.3211. The department may impose, levy, and collect
549	by legal process fines, in an amount not to exceed $1,000 for
550	each violation, against any person if it finds that such person
551	has violated any provision of ss. 320.3201-320.3211. Such person
552	is entitled to an administrative hearing pursuant to chapter 120
553	to contest the action or fine levied, or about to be levied,
554	against the person.
555	(2)  In addition to the civil and administrative remedies,
556	a person who violates any provision of ss. 320.3201-320.3211
557	commits a misdemeanor of the second degree, punishable as
558	provided in s. 775.082 or s. 775.083.
559	Section 12.  Section 320.8225, Florida Statutes, is amended
560	to read:
561	320.8225  Mobile home and recreational vehicle
562	manufacturer, distributor, and importer license manufacturer's
563	license.--
564	(1)  LICENSE REQUIRED.--Any person who engages in the
565	business of a mobile home manufacturer or a recreational vehicle
566	manufacturer, distributor, or importer in this state, or who
567	manufactures mobile homes or recreational vehicles out of state
568	which are ultimately offered for sale in this state, shall
569	obtain annually a license for each factory location in this
570	state and for each factory location out of state which
571	manufactures mobile homes or recreational vehicles for sale in
572	this state, prior to distributing or importing mobile homes or
573	recreational vehicles for sale in this state.
574	(2)  APPLICATION.--The application for a license must shall
575	be in the form prescribed by the department and shall contain
576	sufficient information to disclose the identity, location, and
577	responsibility of the applicant. The application must shall also
578	include a copy of the warranty and a complete statement of any
579	service agreement or policy to be utilized by the applicant, any
580	information relating to the applicant's solvency and financial
581	standing, and any other pertinent matter commensurate with
582	safeguarding the public.  The department may prescribe an
583	abbreviated application for renewal of a license if the licensee
584	has had previously filed an initial application pursuant to this
585	section. The application for renewal must shall include any
586	information necessary to make bring current the information
587	required in the initial application.
588	(3)  FEES.--Upon submitting an making initial application,
589	the applicant shall pay to the department a fee of $300. Upon
590	submitting a making renewal application, the applicant shall pay
591	to the department a fee of $100. Any applicant for renewal who
592	fails has failed to submit his or her renewal application by
593	October 1 shall pay a renewal application fee equal to the
594	original application fee. No fee is refundable. All fees must
595	shall be deposited into the General Revenue Fund.
596	(4)  NONRESIDENT.--Any person applying for a license who is
597	not a resident of this state must designate shall have
598	designated an agent for service of process pursuant to s.
599	48.181.
600	(5)  REQUIREMENT OF ASSURANCE.--
601	(a)  Annually, prior to the receipt of a license to
602	manufacture mobile homes, the applicant or licensee shall submit
603	a surety bond, cash bond, or letter of credit from a financial
604	institution, or a proper continuation certificate, sufficient to
605	assure satisfaction of claims against the licensee for failure
606	to comply with appropriate code standards, failure to provide
607	warranty service, or violation of any provisions of this
608	section. The amount of the surety bond, cash bond, or letter of
609	credit must shall be $50,000. Only one surety bond, cash bond,
610	or letter of credit shall be required for each manufacturer,
611	regardless of the number of factory locations. The surety bond,
612	cash bond, or letter of credit must shall be to the department,
613	in favor of any retail customer who suffers a shall suffer loss
614	arising out of noncompliance with code standards or failure to
615	honor or provide warranty service. The department may shall have
616	the right to disapprove any bond or letter of credit that does
617	not provide assurance as provided in this section.
618	(b)  Annually, prior to the receipt of a license to
619	manufacture, distribute, or import recreational vehicles, the
620	applicant or licensee shall submit a surety bond, or a proper
621	continuation certificate, sufficient to assure satisfaction of
622	claims against the licensee for failure to comply with
623	appropriate code standards, failure to provide warranty service,
624	or violation of any provisions of this section. The amount of
625	the surety bond must shall be $10,000 per year. The surety bond
626	must shall be to the department, in favor of any retail customer
627	who suffers shall suffer loss arising out of noncompliance with
628	code standards or failure to honor or provide warranty service.
629	The department may shall have the right to disapprove any bond
630	that which does not provide assurance as provided in this
631	section.
632	(c)  The department shall adopt rules pursuant to chapter
633	120 relating to consistent with this section in providing
634	assurance of satisfaction of claims under this section.
635	(d)  The department shall, upon denial, suspension, or
636	revocation of any license, notify the surety company of the
637	licensee, in writing, that the license has been denied,
638	suspended, or revoked and shall state the reason for such
639	denial, suspension, or revocation.
640	(e)  Any surety company that which pays any claim against
641	the bond of any licensee shall notify the department, in
642	writing, that it has paid such a claim and shall state the
643	amount of the claim.
644	(f)  Any surety company that which cancels the bond of any
645	licensee shall notify the department, in writing, of such
646	cancellation, giving reason for the cancellation.
647	(6)  LICENSE YEAR.--A license issued to a mobile home
648	manufacturer or a recreational vehicle manufacturer,
649	distributor, or importer entitles the licensee to conduct the
650	business of a mobile home or recreational vehicle manufacturer
651	for a period of 1 year from October 1 preceding the date of
652	issuance.
653	(7)  DENIAL OF LICENSE.--The department may deny a mobile
654	home manufacturer or a recreational vehicle manufacturer,
655	distributor, or importer manufacturer's license on the ground
656	that:
657	(a)  The applicant has made a material misstatement in his
658	or her application for a license.
659	(b)  The applicant has failed to comply with any applicable
660	provision of this chapter.
661	(c)  The applicant has failed to provide warranty service.
662	(d)  The applicant or one or more of his or her principals
663	or agents has violated any law, rule, or regulation relating to
664	the manufacture or sale of mobile homes or recreational
665	vehicles.
666	(e)  The department has proof of the unfitness of the
667	applicant.
668	(f)  The applicant or licensee has engaged in previous
669	conduct in any state which would have been a ground for
670	revocation or suspension of a license in this state.
671	(g)  The applicant or licensee has violated any provision
672	of the provisions of the National Mobile Home Construction and
673	Safety Standards Act of 1974 or any related rule or regulation
674	adopted by of the Department of Housing and Urban Development
675	promulgated thereunder.
676
677	Upon denial of a license, the department shall notify the
678	applicant within 10 days, stating in writing its grounds for
679	denial. The applicant is entitled to an administrative a public
680	hearing and may request that such hearing be held within 45 days
681	of denial of the license. All proceedings must shall be pursuant
682	to chapter 120.
683	(8)  REVOCATION OR SUSPENSION OF LICENSE.--The department
684	shall suspend or, in the case of a subsequent offense, shall
685	revoke any license upon a finding that the licensee violated any
686	provision of this chapter or any other law of this state
687	regarding the manufacture, warranty, or sale of mobile homes or
688	recreational vehicles. The department may reinstate the license
689	if it When any license has been revoked or suspended by the
690	department, it may be reinstated if the department finds that
691	the former licensee has complied with all applicable
692	requirements of this chapter and an application for a license is
693	refiled pursuant to this section.
694	(9)  CIVIL PENALTIES; PROCEDURE.--In addition to the
695	exercise of other powers provided in this section, The
696	department is authorized to assess, impose, levy, and collect by
697	legal process a civil penalty, in an amount not to exceed $1,000
698	for each violation, against any licensee if it finds that a
699	licensee has violated any provision of this section or has
700	violated any other law of this state having to do with dealing
701	in motor vehicles. A Any licensee is shall be entitled to a
702	hearing pursuant to chapter 120 should the licensee wish to
703	contest the fine levied, or about to be levied, upon him or her.
704	Section 13.  If any provision of this act or the
705	application thereof to any person or circumstance is held
706	invalid, the invalidity does not affect other provisions or
707	applications of the act which can be given effect without the
708	invalid provision or application and, to this end, the
709	provisions of this act are severable.
710	Section 14.  This act shall take effect October 1, 2007.

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