Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for SB 2582
4/23/2008 4:41 PM
Senator Diaz de la Portilla moved the following amendment:
Senate Amendment (with directory and title amendments)
Between line(s) 464 and 465
Section 4. Section 501.975, Florida Statutes, is amended to
501.975 Definitions.--As used in s. 501.976, the following
terms shall have the following meanings:
(1) "Customer" includes a customer's designated agent.
(2) "Dealer" means a motor vehicle dealer as defined in s.
320.27, but does not include a motor vehicle auction as defined
in s. 320.27(1)(c)4.
(3) "Replacement item" means a tire, bumper, bumper fascia,
glass, in-dashboard equipment, seat or upholstery cover or trim,
exterior illumination unit, grill, sunroof, external mirror and
external body cladding. The replacement of up to three of these
items does not constitute repair of damage if each item is
replaced because of a product defect or damaged due to vandalism
while the new motor vehicle is under the control of the dealer
and the items are replaced with original manufacturer equipment,
unless an item is replaced due to a crash, collision, or
(4) "Threshold amount" means 3 percent of the
manufacturer's suggested retail price of a motor vehicle or $650,
whichever is less.
(5) "Vehicle" means any automobile, truck, bus,
recreational vehicle, or motorcycle required to be licensed under
chapter 320 for operation over the roads of Florida, but does not
include trailers, mobile homes, travel trailers, or trailer
coaches without independent motive power.
(6) "Advertised price" means the price as expressed in any
statements that are transmitted orally, through written material,
through electronic means, or any illustration that is
disseminated to the public or affixed to a motor vehicle, and
which is used in selling a motor vehicle or otherwise used to
induce a person to enter into any obligation related to the motor
Section 5. Section 501.976, Florida Statutes, is amended to
501.976 Actionable, unfair, or deceptive acts or
practices.--It is an unfair or deceptive act or practice,
actionable under the Florida Deceptive and Unfair Trade Practices
Act, for a dealer to:
(1) Represent directly or indirectly that a motor vehicle
is a factory executive vehicle or executive vehicle unless such
vehicle was purchased directly from the manufacturer or a
subsidiary of the manufacturer and the vehicle was used
exclusively by the manufacturer, its subsidiary, or a dealer for
the commercial or personal use of the manufacturer's,
subsidiary's, or dealer's employees.
(2) Represent directly or indirectly that a vehicle is a
demonstrator unless the vehicle complies with the definition of a
demonstrator in s. 320.60(3).
(3) Represent the previous usage or status of a vehicle to
be something that it was not, or make usage or status
representations unless the dealer has correct information
regarding the history of the vehicle to support the
(4) Represent the quality of care, regularity of servicing,
or general condition of a vehicle unless known by the dealer to
be true and supportable by material fact.
(5) Represent orally or in writing that a particular
vehicle has not sustained structural or substantial skin damage
unless the statement is made in good faith and the vehicle has
been inspected by the dealer or his or her agent to determine
whether the vehicle has incurred such damage.
(6) Sell a vehicle without fully and conspicuously
disclosing in writing at or before the consummation of sale any
warranty or guarantee terms, obligations, or conditions that the
dealer or manufacturer has given to the buyer. If the warranty
obligations are to be shared by the dealer and the buyer, the
method of determining the percentage of repair costs to be
assumed by each party must be disclosed. If the dealer intends to
disclaim or limit any expressed or implied warranty, the
disclaimer must be in writing in a conspicuous manner and in lay
terms in accordance with chapter 672 and the Magnuson-Moss
Warranty--Federal Trade Commission Improvement Act.
(7) Provide an express or implied warranty and fail to
honor such warranty unless properly disclaimed pursuant to
(8) Misrepresent warranty coverage, application period, or
any warranty transfer cost or conditions to a customer.
(9) Obtain signatures from a customer on contracts that are
not fully completed at the time the customer signs or which do
not reflect accurately the negotiations and agreement between the
customer and the dealer.
(10) Require or accept a deposit from a prospective
customer prior to entering into a binding contract for the
purchase and sale of a vehicle unless the customer is given a
written receipt that states how long the dealer will hold the
vehicle from other sale and the amount of the deposit, and
clearly and conspicuously states whether and upon what conditions
the deposit is refundable or nonrefundable.
(11) Add to the cash price of a vehicle as defined in s.
520.02(2) any fee or charge other than those provided in that
section and in rule 3D-50.001, Florida Administrative Code. All
fees or charges permitted to be added to the cash price by rule
3D-50.001, Florida Administrative Code, must be fully disclosed
to customers in all binding contracts concerning the vehicle's
(12) Alter or change the odometer mileage of a vehicle.
(13) Sell a vehicle without disclosing to the customer the
actual year and model of the vehicle.
(14) File a lien against a new vehicle purchased with a
check unless the dealer fully discloses to the purchaser that a
lien will be filed if purchase is made by check and fully
discloses to the buyer the procedures and cost to the buyer for
gaining title to the vehicle after the lien is filed.
(15) Increase the price of the vehicle after having
accepted an order of purchase or a contract from a buyer,
notwithstanding subsequent receipt of an official price change
notification. The price of a vehicle may be increased after a
dealer accepts an order of purchase or a contract from a buyer
(a) A trade-in vehicle is reappraised because it
subsequently is damaged, or parts or accessories are removed;
(b) The price increase is caused by the addition of new
equipment, as required by state or federal law;
(c) The price increase is caused by the revaluation of the
United States dollar by the Federal Government, in the case of a
(d) The price increase is caused by state or federal tax
rate changes; or
(e) Price protection is not provided by the manufacturer,
importer, or distributor.
(16) Advertise the price of a vehicle unless the vehicle is
identified by year, make, model, and a commonly accepted trade,
brand, or style name.
(a) The advertised price must include all costs, fees, or
charges that the customer must pay, excluding including freight
or destination charge, dealer preparation charge, and charges for
undercoating or rustproofing. state and local taxes, tag fees
tags, registration fees, and title fees, unless otherwise
required by local law or standard, need not be disclosed in the
(b) When two or more dealers advertise jointly, with or
without participation of the franchisor, the advertised price
must include the highest price of the vehicles being offered,
consistent with paragraph (a), or specify the price for each
vehicle, respectively need not include fees and charges that are
variable among the individual dealers cooperating in the
advertisement, but the nature of all charges that are not
included in the advertised price must be disclosed in the
(17) Charge a customer for any predelivery service required
by the manufacturer, distributor, or importer for which the
dealer is reimbursed by the manufacturer, distributor, or
(18) Charge a customer for any predelivery service without
having printed on all documents that include a line item for
predelivery service the following disclosure: "This charge
represents costs and profit to the dealer for items such as
inspecting, cleaning, and adjusting vehicles, and preparing
documents related to the sale."
(19) Fail to disclose damage to a new motor vehicle, as
defined in s. 319.001(8), of which the dealer had actual
knowledge, if the dealer's actual cost of repairs exceeds the
threshold amount, excluding replacement items.
(20) Fail to attach a conspicuous label to the window of a
motor vehicle specifying any charge for predelivery services if
the motor vehicle under consideration by a prospective purchaser
is available for physical inspection by the purchaser. The label
must include the following disclosure: "This charge represents
costs and profit to the dealer for items such as inspecting,
cleaning, and adjusting vehicles, and preparing documents related
to the sale." This requirement does not apply to the sale of
In any civil litigation resulting from a violation of this
section, when evaluating the reasonableness of an award of
attorney's fees to a private person, the trial court shall
consider the amount of actual damages in relation to the time
================ T I T L E A M E N D M E N T ================
And the title is amended as follows:
On line 42, after the semicolon,
amending s. 501.975, F.S.; defining the term "advertised
price" for purposes of motor vehicle sales; amending s.
501.976, F.S.; requiring that the advertised price include
all costs, fees, or charges that the customer must pay,
with certain exclusions; requiring a conspicuous label
containing a disclosure regarding the predelivery service
fee; providing an exception;
4/23/2008 3:08:00 PM 36-08515-08
CODING: Words stricken are deletions; words underlined are additions.