HB 7205

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

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