Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2488
                        Barcode 624898
                            CHAMBER ACTION
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11  The Committee on Commerce (Saunders) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 320.3201, Florida Statutes, is
19  created to read:
20         320.3201  Legislative intent.--
21         (1)  It is the intent of the Legislature to protect the
22  public health, safety, and welfare of the residents of the
23  state by regulating the relationship between recreational
24  vehicle dealers and manufacturers, maintaining competition,
25  and providing consumer protection and fair trade.
26         (2)  It is the intent of the Legislature that ss.
27  320.3201-320.3211 be applied to manufacturer/dealer agreements
28  entered into on or after October 1, 2007.
29         Section 2.  Section 320.3202, Florida Statutes, is
30  created to read:
31         320.3202  Definitions.--As used in ss.
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 320.3201-320.3211, the term: 2 (1) "Area of sales responsibility" means the 3 geographical area agreed to by the dealer and the manufacturer 4 in the manufacturer/dealer agreement within which the dealer 5 has the exclusive right to display or sell the manufacturer's 6 new recreational vehicles of a particular line-make. 7 (2) "Dealer" means any person, firm, corporation, or 8 business entity licensed or required to be licensed under s. 9 320.771. 10 (3) "Distributor" means any person, firm, corporation, 11 or business entity that purchases new recreational vehicles 12 for resale to dealers. 13 (4) "Factory campaign" means an effort on the part of 14 a warrantor to contact recreational vehicle owners or dealers 15 in order to address a part or equipment issue. 16 (5) "Family member" means a spouse, child, grandchild, 17 parent, sibling, niece, or nephew, or the spouse thereof. 18 (6) "Line-make" means a specific series of 19 recreational vehicle products that: 20 (a) Are identified by a common series trade name or 21 trademark; 22 (b) Are targeted to a particular market segment, as 23 determined by their decor, features, equipment, size, weight, 24 and price range; 25 (c) Have lengths and interior floor plans that 26 distinguish the recreational vehicles from other recreational 27 vehicles with substantially the same decor, equipment, 28 features, price, and weight; and 29 (d) Belong to a single, distinct classification of 30 recreational vehicle product type having a substantial degree 31 of commonality in the construction of the chassis, frame, and 2 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 body. 2 (7) "Manufacturer" means any person, firm, 3 corporation, or business entity that engages in the 4 manufacturing of recreational vehicles. 5 (8) "Manufacturer/dealer agreement" means a written 6 agreement or contract entered into between a manufacturer and 7 a dealer that fixes the rights and responsibilities of the 8 parties and pursuant to which the dealer sells new 9 recreational vehicles. 10 (9) "Proprietary part" means any part manufactured by 11 or for and sold exclusively by the manufacturer. 12 (10) "Recreational vehicle" means the category of 13 motor vehicle described in s. 320.01(1)(b). 14 (11) "Transient customer" means a customer who is 15 temporarily traveling through a dealer's area of sales 16 responsibility. 17 (12) "Warrantor" means any person, firm, corporation, 18 or business entity that gives a warranty in connection with a 19 new recreational vehicle or parts, accessories, or components 20 thereof. The term does not include service contracts, 21 mechanical or other insurance, or extended warranties sold for 22 separate consideration by a dealer or other person not 23 controlled by a manufacturer. 24 Section 3. Section 320.3203, Florida Statutes, is 25 created to read: 26 320.3203 Requirement for a written manufacturer/dealer 27 agreement; area of sales responsibility.-- 28 (1) A manufacturer or distributor may not sell a 29 recreational vehicle in this state to or through a dealer 30 without having first entered into a manufacturer/dealer 31 agreement with a dealer which has been signed by both parties. 3 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 (2) The manufacturer shall designate the area of sales 2 responsibility exclusively assigned to a dealer in the 3 manufacturer/dealer agreement and may not change such area or 4 contract with another dealer for sale of the same line-make in 5 the designated area during the duration of the agreement. 6 (3) The area of sales responsibility may not be 7 reviewed or changed until 1 year after the execution of the 8 manufacturer/dealer agreement. 9 (4) A motor vehicle dealer may not sell a new 10 recreational vehicle in this state without having first 11 entered into a manufacturer/dealer agreement with a 12 manufacturer or distributor and may not sell outside of the 13 area of sales responsibility designated in the agreement. 14 (5) Notwithstanding subsection (4), a dealer may sell 15 outside of its designated area of sales responsibility if the 16 dealer obtains a supplemental license pursuant to s. 17 320.771(7) and meets any one of the following conditions: 18 (a) For sales of the same line-make within another 19 dealer's designated area of sales responsibility, the dealer 20 must obtain in advance of the off-premise sale a written 21 agreement signed by the dealer, the manufacturer of the 22 recreational vehicles to be sold at the off-premise sale, and 23 the dealer in whose designated area of sales responsibility 24 the off-premise sale will occur which: 25 1. Designates the line-make of the recreational 26 vehicles to be sold; 27 2. Sets forth the time period for the off-premise 28 sale; and 29 3. Affirmatively authorizes the sale of the same 30 line-make of the recreational vehicles. 31 (b) The off-premise sale is not located within any 4 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 dealer's designated area of sales responsibility and is in 2 conjunction with a public vehicle show. 3 (c) The off-premise sale is in conjunction with a 4 public vehicle show in which more than 35 dealers are 5 participating and the show is predominantly funded by 6 manufacturers. For the purposes of this subsection, the term 7 "public vehicle show" means an event sponsored by an 8 organization approved under s. 501(c)(6) of the Internal 9 Revenue Code which has the purpose of promoting the welfare of 10 the recreational vehicle industry and is located at a site 11 that: 12 1. Will be used to display and sell recreational 13 vehicles; 14 2. Is not used for off-premise sales for more than 10 15 days in a calendar year; and 16 3. Is not the location set forth on any dealer's 17 license as its place of business. 18 Section 4. Section 320.3205, Florida Statutes, is 19 created to read: 20 320.3205 Termination, cancellation, and nonrenewal of 21 a manufacturer/dealer agreement.-- 22 (1) A manufacturer or distributor, directly or through 23 any officer, agent, or employee, may not terminate, cancel, or 24 fail to renew a manufacturer/dealer agreement without good 25 cause, and, upon renewal, may not require additional inventory 26 stocking requirements or increased retail sales targets in 27 excess of the market growth in the dealer's area of sales 28 responsibility. 29 (a) The manufacturer or distributor has the burden of 30 showing good cause for terminating, canceling, or failing to 31 renew a manufacturer/dealer agreement with a dealer. For 5 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 purposes of determining whether there is good cause for the 2 proposed action, any of the following factors may be 3 considered: 4 1. The extent of the affected dealer's penetration in 5 the relevant market area. 6 2. The nature and extent of the dealer's investment in 7 its business. 8 3. The adequacy of the dealer's service facilities, 9 equipment, parts, supplies, and personnel. 10 4. The effect of the proposed action on the community. 11 5. The extent and quality of the dealer's service 12 under recreational vehicle warranties. 13 6. The failure to follow agreed-upon procedures or 14 standards related to the overall operation of the dealership. 15 7. The dealer's performance under the terms of its 16 manufacturer/dealer agreement. 17 (b) Except as otherwise provided in this section, a 18 manufacturer or distributor shall provide a dealer with at 19 least 120 days' prior written notice of termination, 20 cancellation, or nonrenewal of the manufacturer/dealer 21 agreement. 22 1. The notice must state all reasons for the proposed 23 termination, cancellation, or nonrenewal and must further 24 state that if, within 30 days following receipt of the notice, 25 the dealer provides to the manufacturer or distributor a 26 written notice of intent to cure all claimed deficiencies, the 27 dealer will then have 120 days following receipt of the notice 28 to rectify the deficiencies. If the deficiencies are rectified 29 within 120 days, the manufacturer's or distributor's notice is 30 voided. If the dealer fails to provide the notice of intent to 31 cure the deficiencies in the prescribed time period, the 6 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 termination, cancellation, or nonrenewal takes effect 30 days 2 after the dealer's receipt of the notice unless the dealer has 3 new and untitled inventory on hand that may be disposed of 4 pursuant to subsection (3). 5 2. The notice period may be reduced to 30 days if the 6 grounds for termination, cancellation, or nonrenewal are due 7 to: 8 a. A dealer or one of its owners being convicted of, 9 or entering a plea of nolo contendere to, a felony; 10 b. The abandonment or closing of the business 11 operations of the dealer for 10 consecutive business days 12 unless the closing is due to an act of God, strike, labor 13 difficulty, or other cause over which the dealer has no 14 control; 15 c. A significant misrepresentation by the dealer 16 materially affecting the business relationship; or 17 d. A suspension or revocation of the dealer's license, 18 or refusal to renew the dealer's license, by the department. 19 3. The notice provisions of this paragraph do not 20 apply if the reason for termination, cancellation, or 21 nonrenewal is insolvency, the occurrence of an assignment for 22 the benefit of creditors, or bankruptcy. 23 (2) A dealer may terminate, cancel, or not renew its 24 manufacturer/dealer agreement with a manufacturer or 25 distributor with or without cause at any time by giving 30 26 days' written notice to the manufacturer. If the termination, 27 cancellation, or nonrenewal is for cause, the dealer has the 28 burden of showing good cause. Any of the following items shall 29 be deemed good cause for the proposed action by a dealer: 30 (a) A manufacturer being convicted of, or entering a 31 plea of nolo contendere to, a felony. 7 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 (b) The business operations of the manufacturer have 2 been abandoned or closed for 10 consecutive business days, 3 unless the closing is due to an act of God, strike, labor 4 difficulty, or other cause over which the manufacturer has no 5 control. 6 (c) A significant misrepresentation by the 7 manufacturer materially affecting the business relationship. 8 (d) A material violation of ss. 320.3201-320.3211 9 which is not cured within 30 days after written notice by the 10 dealer. 11 (e) A declaration by the manufacturer of bankruptcy, 12 insolvency, or the occurrence of an assignment for the benefit 13 of creditors or bankruptcy. 14 (3) If the manufacturer/dealer agreement is 15 terminated, canceled, or not renewed by the manufacturer or 16 distributor without cause or by the dealer for cause, the 17 manufacturer shall, at the election of the dealer and within 18 45 days after termination, cancellation, or nonrenewal, 19 repurchase: 20 (a) All recreational vehicles that are classified as 21 "new" for titling purposes under s. 319.001(8), that were 22 acquired from the manufacturer or distributor, that have not 23 been used, except for demonstration purposes, and that have 24 not been altered or damaged, at 100 percent of the net invoice 25 cost, including transportation, less applicable rebates and 26 discounts to the dealer. If any of the vehicles repurchased is 27 damaged, the amount due to the dealer shall be reduced by the 28 cost to repair the damaged vehicle. Damage prior to delivery 29 to the dealer will not disqualify repurchase under this 30 subsection; 31 (b) All undamaged accessories and proprietary parts 8 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 sold to the dealer for resale within the 12 months prior to 2 termination, cancellation, or nonrenewal, if accompanied by 3 the original invoice, at 105 percent of the original net price 4 paid to the manufacturer or distributor to compensate the 5 dealer for handling, packing, and shipping the parts; and 6 (c) Any properly functioning diagnostic equipment, 7 special tools, current signage, and other equipment and 8 machinery at 100 percent of the dealer's net cost plus 9 freight, destination, delivery, and distribution charges and 10 sales taxes, if any, if it was purchased by the dealer within 11 5 years before termination, cancellation, or nonrenewal and 12 upon the manufacturer's or distributor's request and can no 13 longer be used in the normal course of the dealer's ongoing 14 business. 15 16 The manufacturer or distributor shall pay the dealer within 30 17 days after receipt of the returned items. 18 (4) When taking on an additional line-make of 19 recreational vehicle, a dealer shall notify in writing any 20 manufacturer with whom the dealer has a manufacturer/dealer 21 agreement of the same line-make at least 30 days prior to 22 entering into a manufacturer/dealer agreement with the 23 manufacturer of the additional line-make. 24 Section 5. Section 320.3206, Florida Statutes, is 25 created to read: 26 320.3206 Transfer of ownership; family succession.-- 27 (1) If a dealer desires to make a change in ownership 28 by the sale of the business assets, stock transfer, or 29 otherwise, the dealer shall give the manufacturer or 30 distributor written notice at least 10 business days before 31 the closing, including all supporting documentation as may be 9 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 reasonably required by the manufacturer or distributor to 2 determine if an objection to the sale may be made. In the 3 absence of a breach by the selling dealer of its dealer 4 agreement or this chapter, the manufacturer or distributor 5 shall not object to the proposed change in ownership unless 6 the prospective transferee: 7 (a) Has previously been terminated by the manufacturer 8 for breach of its dealer agreement; 9 (b) Has been convicted of a felony or any crime of 10 fraud, deceit, or moral turpitude; 11 (c) Lacks any license required by law; 12 (d) Does not have an active line of credit sufficient 13 to purchase a manufacturer's product; or 14 (e) Has undergone in the last 10 years bankruptcy, 15 insolvency, a general assignment for the benefit of creditors, 16 or the appointment of a receiver, trustee, or conservator to 17 take possession of the transferee's business or property. 18 (2) If the manufacturer or distributor objects to a 19 proposed change of ownership, the manufacturer or distributor 20 shall give written notice of its reasons to the dealer within 21 7 business days after receipt of the dealer's notification and 22 complete documentation. The manufacturer or distributor has 23 the burden of proof with regard to its objection. If the 24 manufacturer or distributor does not give timely notice of its 25 objection, the change or sale shall be deemed approved. 26 (3)(a) It is unlawful for a manufacturer or 27 distributor to fail to provide a dealer an opportunity to 28 designate, in writing, a family member as a successor to the 29 dealership in the event of the death, incapacity, or 30 retirement of the dealer. It is unlawful to prevent or refuse 31 to honor the succession to a dealership by a family member of 10 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 the deceased, incapacitated, or retired dealer unless the 2 manufacturer or distributor has provided to the dealer written 3 notice of its objections within 30 days after receipt of the 4 dealer's modification of the dealer's succession plan. In the 5 absence of a breach of the dealer agreement, the manufacturer 6 may object to the succession for the following reasons only: 7 1. Conviction of the successor of a felony or any 8 crime of fraud, deceit, or moral turpitude; 9 2. Bankruptcy or insolvency of the successor during 10 the past 10 years; 11 3. Prior termination by the manufacturer of the 12 successor for breach of a dealer agreement; 13 4. The lack of an active line of credit for the 14 successor sufficient to purchase the manufacturer's product; 15 or 16 5. The lack of any license for the successor required 17 by law. 18 (b) The manufacturer or distributor has the burden of 19 proof regarding its objection. However, a family member may 20 not succeed to a dealership if the succession involves, 21 without the manufacturer's or distributor's consent, a 22 relocation of the business or an alteration of the terms and 23 conditions of the manufacturer/dealer agreement. 24 Section 6. Section 320.3207, Florida Statutes, is 25 created to read: 26 320.3207 Warranty obligations.-- 27 (1) Each warrantor shall: 28 (a) Specify in writing to each of its dealer 29 obligations, if any, for preparation, delivery, and warranty 30 service on its products; 31 (b) Compensate the dealer for warranty service 11 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 required of the dealer by the warrantor; and 2 (c) Provide the dealer the schedule of compensation to 3 be paid and the time allowances for the performance of any 4 work and service. 5 6 The schedule of compensation must include reasonable 7 compensation for diagnostic work as well as warranty labor. 8 (2) Time allowances for the diagnosis and performance 9 of warranty labor must be reasonable for the work to be 10 performed. The compensation of a dealer for warranty labor may 11 not be less than the lowest retail labor rates actually 12 charged by the dealer for like nonwarranty labor as long as 13 such rates are reasonable. 14 (3) The warrantor shall reimburse the dealer for 15 warranty parts at actual wholesale cost plus a minimum 16 30-percent handling charge and the cost, if any, of freight to 17 return warranty parts to the warrantor. 18 (4) Warranty audits of dealer records may be conducted 19 by the warrantor on a reasonable basis, and dealer claims for 20 warranty compensation may not be denied except for cause, such 21 as performance of nonwarranty repairs, material noncompliance 22 with the warrantor's published policies and procedures, lack 23 of material documentation, fraud, or misrepresentation. 24 (5) The dealer shall submit warranty claims within 45 25 days after completing work. 26 (6) The dealer shall notify the warrantor verbally or 27 in writing if the dealer is unable to perform material or 28 repetitive warranty repairs as soon as is reasonably possible. 29 (7) The warrantor shall disapprove warranty claims in 30 writing within 45 days after the date of submission by the 31 dealer in the manner and form prescribed by the warrantor. 12 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 Claims not specifically disapproved in writing within 45 days 2 shall be construed to be approved and must be paid within 60 3 days. 4 (8) It is a violation of ss. 320.3201-320.3211 for any 5 warrantor to: 6 (a) Fail to perform any of its warranty obligations 7 with respect to its warranted products; 8 (b) Fail to include, in written notices of factory 9 campaigns to recreational vehicle owners and dealers, the 10 expected date by which necessary parts and equipment, 11 including tires and chassis or chassis parts, will be 12 available to dealers to perform the campaign work. The 13 warrantor may ship parts to the dealer to effect the campaign 14 work, and, if such parts are in excess of the dealer's 15 requirements, the dealer may return unused parts to the 16 warrantor for credit after completion of the campaign; 17 (c) Fail to compensate any of its dealers for 18 authorized repairs effected by the dealer of merchandise 19 damaged in manufacture or transit to the dealer, if the 20 carrier is designated by the warrantor, factory branch, 21 distributor, or distributor branch; 22 (d) Fail to compensate any of its dealers for 23 authorized warranty service in accordance with the schedule of 24 compensation provided to the dealer pursuant to this section 25 if performed in a timely and competent manner; 26 (e) Intentionally misrepresent in any way to 27 purchasers of recreational vehicles that warranties with 28 respect to the manufacture, performance, or design of the 29 vehicle are made by the dealer as warrantor or cowarrantor; or 30 (f) Require the dealer to make warranties to customers 31 in any manner related to the manufacture of the recreational 13 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 vehicle. 2 (9) It is a violation of ss. 320.3201-320.3211 for any 3 dealer to: 4 (a) Fail to perform predelivery inspection functions, 5 as specified by the warrantor, in a competent and timely 6 manner; 7 (b) Fail to perform warranty service work authorized 8 by the warrantor in a reasonably competent and timely manner 9 on any transient customer's vehicle of the same line-make; or 10 (c) Misrepresent the terms of any warranty. 11 (10) Notwithstanding the terms of any 12 manufacturer/dealer agreement, it is a violation of ss. 13 320.3201-320.3211 for: 14 (a) A warrantor to fail to indemnify and hold harmless 15 its dealer against any losses or damages to the extent such 16 losses or damages are caused by the negligence or willful 17 misconduct of the warrantor. The dealer may not be denied 18 indemnification for failing to discover, disclose, or remedy a 19 defect in the design or manufacturing of the recreational 20 vehicle. The dealer shall provide to the warrantor a copy of 21 any suit in which allegations are made that come within this 22 subsection within 10 days after receiving such suit. 23 (b) A dealer to fail to indemnify and hold harmless 24 its warrantor against any losses or damages to the extent such 25 losses or damages are caused by the negligence or willful 26 misconduct of the dealer. The warrantor shall provide to the 27 dealer a copy of any suit in which allegations are made that 28 come within this subsection within 10 days after receiving 29 such suit. 30 Section 7. Section 320.3208, Florida Statutes, is 31 created to read: 14 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 320.3208 Inspection and rejection by the dealer.-- 2 (1) Whenever a new recreational vehicle is damaged 3 prior to transit to the dealer or is damaged in transit to the 4 dealer when the carrier or means of transportation has been 5 selected by the manufacturer or distributor, the dealer shall 6 notify the manufacturer or distributor of the damage within 7 the timeframe specified in the manufacturer/dealer agreement 8 and: 9 (a) Request from the manufacturer or distributor 10 authorization to replace the components, parts, and 11 accessories damaged or otherwise correct the damage; or 12 (b) Reject the vehicle within the timeframe set forth 13 in subsection (3). 14 15 If the manufacturer or distributor refuses or fails to 16 authorize repair of such damage within 10 days after receipt 17 of notification or if the dealer rejects the recreational 18 vehicle because of damage, ownership of the new recreational 19 vehicle reverts to the manufacturer or distributor. 20 (2) The dealer shall exercise due care in custody of 21 the damaged recreational vehicle, but the dealer shall have no 22 other obligations, financial or otherwise, with respect to 23 that recreational vehicle. 24 (3) The timeframe for inspection and rejection by the 25 dealer must be part of the manufacturer/dealer agreement and 26 may not be less than 2 business days after the physical 27 delivery of the recreational vehicle. 28 (4) Any recreational vehicle that has, at the time of 29 delivery to the dealer, an unreasonable amount of miles on its 30 odometer, as determined by the dealer, may be subject to 31 rejection by the dealer and reversion of the vehicle to the 15 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 manufacturer or distributor. In no instance shall a dealer 2 deem an amount less than the distance between the dealer and 3 the manufacturer's factory or a distributor's point of 4 distribution, plus 100 miles, as unreasonable. 5 Section 8. Section 320.3209, Florida Statutes, is 6 created to read: 7 320.3209 Coercion of dealer prohibited.-- 8 (1) A manufacturer or distributor may not coerce or 9 attempt to coerce a dealer to: 10 (a) Purchase a product that the dealer did not order; 11 (b) Enter into an agreement with the manufacturer or 12 distributor; 13 (c) Take any action that is unfair or unreasonable to 14 the dealer; or 15 (d) Enter into an agreement that requires the dealer 16 to submit its disputes to binding arbitration or otherwise 17 waive rights or responsibilities provided under ss. 18 320.3201-320.3211. 19 (2) As used in this section, the term "coerce" 20 includes, but is not limited to, threatening to terminate, 21 cancel, or not renew a manufacturer/dealer agreement without 22 good cause or threatening to withhold product lines or delay 23 product delivery as an inducement to amending the 24 manufacturer/dealer agreement. 25 Section 9. Section 320.3210, Florida Statutes, is 26 created to read: 27 320.3210 Civil dispute resolution; mediation; 28 relief.-- 29 (1) A dealer, manufacturer, distributor, or warrantor 30 injured by another party's violation of ss. 320.3201-320.3211 31 may bring a civil action in circuit court to recover actual 16 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 damages. The court shall award attorney's fees and costs to 2 the prevailing party in such action. Venue for any civil 3 action authorized by this section must exclusively be in the 4 county in which the dealership is located. In an action 5 involving more than one dealer, venue may be in any county in 6 which a dealer who is party to the action is located. 7 (2) Before bringing suit under this section, the party 8 bringing suit for an alleged violation shall serve a written 9 demand for mediation upon the offending party. 10 (a) The demand for mediation shall be served upon the 11 offending party via certified mail at the address stated 12 within the agreement between the parties. If a civil action is 13 initiated between two dealers, the demand must be mailed to 14 the address on the dealer's license filed with the department. 15 (b) The demand for mediation must contain a brief 16 statement of the dispute and the relief sought by the party 17 filing the demand. 18 (c) Within 20 days after the date a demand for 19 mediation is served, the parties shall mutually select an 20 independent certified mediator and meet with the mediator for 21 the purpose of attempting to resolve the dispute. The meeting 22 place must be in this state in a location selected by the 23 mediator. The mediator may extend the date of the meeting for 24 good cause shown by either party or upon stipulation of both 25 parties. 26 (d) The service of a demand for mediation under this 27 subsection stays the time for the filing of any complaint, 28 petition, protest, or action under ss. 320.3201-320.3211 until 29 representatives of both parties have met with a mutually 30 selected mediator for the purpose of attempting to resolve the 31 dispute. If a complaint, petition, protest, or action is filed 17 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 before that meeting, the court shall enter an order suspending 2 the proceeding or action until the meeting has occurred and 3 may, upon written stipulation of all parties to the proceeding 4 or action that they wish to continue to mediate under this 5 subsection, enter an order suspending the proceeding or action 6 for as long a period as the court considers appropriate. A 7 suspension order issued under this paragraph may be revoked by 8 the court. 9 (e) The parties to the mediation shall bear their own 10 costs for attorney's fees and divide equally the cost of the 11 mediator. 12 (3) In addition to the remedies provided in this 13 section and notwithstanding the existence of any additional 14 remedy at law, a dealer or manufacturer may apply to a circuit 15 court for the grant, upon a hearing and for cause shown, of a 16 temporary or permanent injunction, or both, restraining any 17 person from acting as a dealer, manufacturer, distributor, or 18 importer without being properly licensed pursuant to this 19 chapter, from violating or continuing to violate any of the 20 provisions of ss. 320.3201-320.3211, or from failing or 21 refusing to comply with the requirements of ss. 22 320.3201-320.3211. Such injunction shall be issued without 23 bond. A single act in violation of s. 320.3203 is sufficient 24 to authorize the issuance of an injunction. 25 Section 10. Section 320.3211, Florida Statutes, is 26 created to read: 27 320.3211 Penalties.-- 28 (1) The department may suspend or revoke any license 29 issued under s. 320.771 upon a finding that the dealer, 30 manufacturer, distributor, or importer violated any provision 31 of ss. 320.3201-320.3211. The department may impose, levy, and 18 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 collect by legal process fines, in an amount not to exceed 2 $1,000 for each violation, against any person if it finds that 3 such person has violated any provision of ss. 4 320.3201-320.3211. Such person is entitled to an 5 administrative hearing pursuant to chapter 120 to contest the 6 action or fine levied, or about to be levied, against the 7 person. 8 (2) In addition to the civil and administrative 9 remedies, a person who violates any provision of ss. 10 320.3201-320.3211 commits a misdemeanor of the second degree, 11 punishable as provided in s. 775.082 or s. 775.083. 12 Section 11. Section 320.8225, Florida Statutes, is 13 amended to read: 14 320.8225 Mobile home and recreational vehicle 15 manufacturer, distributor, and importer license manufacturer's 16 license.-- 17 (1) LICENSE REQUIRED.--Any person who engages in the 18 business of a mobile home manufacturer or a recreational 19 vehicle manufacturer, distributor, or importer in this state, 20 or who manufactures mobile homes or recreational vehicles out 21 of state which are ultimately offered for sale in this state, 22 shall obtain annually a license for each factory location in 23 this state and for each factory location out of state which 24 manufactures mobile homes or recreational vehicles for sale in 25 this state, prior to distributing or importing mobile homes or 26 recreational vehicles for sale in this state. 27 (2) APPLICATION.--The application for a license must 28 shall be in the form prescribed by the department and shall 29 contain sufficient information to disclose the identity, 30 location, and responsibility of the applicant. The application 31 must shall also include a copy of the warranty and a complete 19 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 statement of any service agreement or policy to be utilized by 2 the applicant, any information relating to the applicant's 3 solvency and financial standing, and any other pertinent 4 matter commensurate with safeguarding the public. The 5 department may prescribe an abbreviated application for 6 renewal of a license if the licensee has had previously filed 7 an initial application pursuant to this section. The 8 application for renewal must shall include any information 9 necessary to make bring current the information required in 10 the initial application. 11 (3) FEES.--Upon submitting an making initial 12 application, the applicant shall pay to the department a fee 13 of $300. Upon submitting a making renewal application, the 14 applicant shall pay to the department a fee of $100. Any 15 applicant for renewal who fails has failed to submit his or 16 her renewal application by October 1 shall pay a renewal 17 application fee equal to the original application fee. No fee 18 is refundable. All fees must shall be deposited into the 19 General Revenue Fund. 20 (4) NONRESIDENT.--Any person applying for a license 21 who is not a resident of this state must designate shall have 22 designated an agent for service of process pursuant to s. 23 48.181. 24 (5) REQUIREMENT OF ASSURANCE.-- 25 (a) Annually, prior to the receipt of a license to 26 manufacture mobile homes, the applicant or licensee shall 27 submit a surety bond, cash bond, or letter of credit from a 28 financial institution, or a proper continuation certificate, 29 sufficient to assure satisfaction of claims against the 30 licensee for failure to comply with appropriate code 31 standards, failure to provide warranty service, or violation 20 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 of any provisions of this section. The amount of the surety 2 bond, cash bond, or letter of credit must shall be $50,000. 3 Only one surety bond, cash bond, or letter of credit shall be 4 required for each manufacturer, regardless of the number of 5 factory locations. The surety bond, cash bond, or letter of 6 credit must shall be to the department, in favor of any retail 7 customer who suffers a shall suffer loss arising out of 8 noncompliance with code standards or failure to honor or 9 provide warranty service. The department may shall have the 10 right to disapprove any bond or letter of credit that does not 11 provide assurance as provided in this section. 12 (b) Annually, prior to the receipt of a license to 13 manufacture, distribute, or import recreational vehicles, the 14 applicant or licensee shall submit a surety bond, or a proper 15 continuation certificate, sufficient to assure satisfaction of 16 claims against the licensee for failure to comply with 17 appropriate code standards, failure to provide warranty 18 service, or violation of any provisions of this section. The 19 amount of the surety bond must shall be $10,000 per year. The 20 surety bond must shall be to the department, in favor of any 21 retail customer who suffers shall suffer loss arising out of 22 noncompliance with code standards or failure to honor or 23 provide warranty service. The department may shall have the 24 right to disapprove any bond that which does not provide 25 assurance as provided in this section. 26 (c) The department shall adopt rules pursuant to 27 chapter 120 relating to consistent with this section in 28 providing assurance of satisfaction of claims under this 29 section. 30 (d) The department shall, upon denial, suspension, or 31 revocation of any license, notify the surety company of the 21 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 licensee, in writing, that the license has been denied, 2 suspended, or revoked and shall state the reason for such 3 denial, suspension, or revocation. 4 (e) Any surety company that which pays any claim 5 against the bond of any licensee shall notify the department, 6 in writing, that it has paid such a claim and shall state the 7 amount of the claim. 8 (f) Any surety company that which cancels the bond of 9 any licensee shall notify the department, in writing, of such 10 cancellation, giving reason for the cancellation. 11 (6) LICENSE YEAR.--A license issued to a mobile home 12 manufacturer or a recreational vehicle manufacturer, 13 distributor, or importer entitles the licensee to conduct the 14 business of a mobile home or recreational vehicle manufacturer 15 for a period of 1 year from October 1 preceding the date of 16 issuance. 17 (7) DENIAL OF LICENSE.--The department may deny a 18 mobile home manufacturer or a recreational vehicle 19 manufacturer, distributor, or importer manufacturer's license 20 on the ground that: 21 (a) The applicant has made a material misstatement in 22 his or her application for a license. 23 (b) The applicant has failed to comply with any 24 applicable provision of this chapter. 25 (c) The applicant has failed to provide warranty 26 service. 27 (d) The applicant or one or more of his or her 28 principals or agents has violated any law, rule, or regulation 29 relating to the manufacture or sale of mobile homes or 30 recreational vehicles. 31 (e) The department has proof of the unfitness of the 22 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 applicant. 2 (f) The applicant or licensee has engaged in previous 3 conduct in any state which would have been a ground for 4 revocation or suspension of a license in this state. 5 (g) The applicant or licensee has violated any 6 provision of the provisions of the National Mobile Home 7 Construction and Safety Standards Act of 1974 or any related 8 rule or regulation adopted by of the Department of Housing and 9 Urban Development promulgated thereunder. 10 11 Upon denial of a license, the department shall notify the 12 applicant within 10 days, stating in writing its grounds for 13 denial. The applicant is entitled to an administrative a 14 public hearing and may request that such hearing be held 15 within 45 days of denial of the license. All proceedings must 16 shall be pursuant to chapter 120. 17 (8) REVOCATION OR SUSPENSION OF LICENSE.--The 18 department shall suspend or, in the case of a subsequent 19 offense, shall revoke any license upon a finding that the 20 licensee violated any provision of this chapter or any other 21 law of this state regarding the manufacture, warranty, or sale 22 of mobile homes or recreational vehicles. The department may 23 reinstate the license if it When any license has been revoked 24 or suspended by the department, it may be reinstated if the 25 department finds that the former licensee has complied with 26 all applicable requirements of this chapter and an application 27 for a license is refiled pursuant to this section. 28 (9) CIVIL PENALTIES; PROCEDURE.--In addition to the 29 exercise of other powers provided in this section, The 30 department is authorized to assess, impose, levy, and collect 31 by legal process a civil penalty, in an amount not to exceed 23 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 $1,000 for each violation, against any licensee if it finds 2 that a licensee has violated any provision of this section or 3 has violated any other law of this state having to do with 4 dealing in motor vehicles. A Any licensee is shall be entitled 5 to a hearing pursuant to chapter 120 should the licensee wish 6 to contest the fine levied, or about to be levied, upon him or 7 her. 8 Section 12. If any provision of this act or the 9 application thereof to any person or circumstance is held 10 invalid, the invalidity does not affect other provisions or 11 applications of the act which can be given effect without the 12 invalid provision or application and, to this end, the 13 provisions of this act are severable. 14 Section 13. This act shall take effect October 1, 15 2007. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to recreational vehicle 25 manufacturers, distributors, dealers, and 26 importers; creating s. 320.3201, F.S.; 27 providing legislative intent; creating s. 28 320.3202, F.S.; providing definitions; creating 29 s. 320.3203, F.S.; providing requirements for a 30 manufacturer/dealer agreement; requiring 31 designation of the area of sales 24 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 responsibility; providing conditions for sales 2 outside the dealer's area of sales 3 responsibility; creating s. 320.3205, F.S.; 4 providing requirements and procedures for 5 termination, cancellation, or nonrenewal of a 6 manufacturer/dealer agreement by a manufacturer 7 or a dealer; providing for the repurchase by 8 the manufacturer of vehicles, accessories, 9 parts and equipment, tools, signage, and 10 machinery; requiring notification of a 11 manufacturer when a dealer takes on an 12 additional line-make; creating s. 320.3206, 13 F.S.; providing for change in ownership by a 14 dealer; requiring notice to the manufacturer; 15 providing requirements for objection by the 16 manufacturer; providing for a dealer to name a 17 family member as a successor in case of 18 retirement, incapacitation, or death of the 19 dealer; providing requirements for objection to 20 the successor by the manufacturer; creating s. 21 320.3207, F.S.; providing requirements for 22 warrantors, manufacturers, and dealers with 23 respect to warranty obligations; providing 24 requirements for compensation of the dealer; 25 authorizing warranty audits by the warrantor; 26 requiring cause for denial of compensation; 27 providing for disposition of warranty claims; 28 prohibiting certain acts by the warrantor and 29 the dealer; requiring notice of certain pending 30 suits; creating s. 320.3208, F.S.; providing 31 for inspection and rejection of a recreational 25 12:52 PM 04/12/07 s2488c1d-cm37-t8n
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 2488 Barcode 624898 1 vehicle upon delivery to a dealer; creating s. 2 320.3209, F.S.; prohibiting a manufacturer or 3 distributor from coercing a dealer to perform 4 certain acts; creating s. 320.3210, F.S.; 5 providing for resolution when a dealer, 6 manufacturer, distributor, or warrantor is 7 injured by another party's violation; 8 authorizing civil action; providing for 9 mediation; providing for remedies; creating s. 10 320.3211, F.S.; providing administrative and 11 criminal penalties for violations; providing 12 for an administrative hearing to contest a 13 penalty imposed by the department; amending s. 14 320.8225, F.S.; providing licensure 15 requirements for distributors and importers; 16 providing for severability; providing an 17 effective date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 12:52 PM 04/12/07 s2488c1d-cm37-t8n