Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2630
       
       
       
       
       
       
                                Barcode 270520                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/06/2009           .                                
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       The Committee on Commerce (Gelber) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 753 - 790
    4  and insert:
    5         fewer than 75 50 retail customer repair orders in that
    6  period. The motor vehicle dealer shall give the licensee 10
    7  days’ written notice that it intends to make a written request
    8  to the licensee for a warranty parts reimbursement increase and
    9  permit the licensee, within that 10-day period, to select the
   10  initial retail customer repair for the consecutive repair orders
   11  that will be attached to the written request used for the markup
   12  computation, provided that if the licensee fails to provide a
   13  timely selection, the dealer may make that selection. No repair
   14  order shall be excluded from the markup computation because it
   15  contains both warranty, extended warranty, certified pre-owned
   16  warranty, maintenance, recall, campaign service, or authorized
   17  goodwill work and a retail customer repair. However, only the
   18  retail customer repair portion of the repair order shall be
   19  included in the computation, and the parts described in
   20  paragraph (b) shall be excluded from the computation; or
   21         2. The licensee’s highest suggested retail or list price
   22  for the parts.; or
   23         3. An amount equal to the dealer’s markup over dealer cost
   24  that results in the same gross profit percentage for parts used
   25  in work done under subsection (1) as the dealer receives for
   26  parts used in the customer retail repairs, as evidenced by the
   27  average of said dealer’s gross profit percentage in the dealer’s
   28  financial statements for the 2 months preceding the dealer’s
   29  request.
   30  
   31  If a licensee reduces the suggested retail or list price for any
   32  replacement part or accessory, it also shall reduce, by at least
   33  the same percentage, the cost to the dealer for the part or
   34  accessory. The dealer’s markup or gross profit percentage shall
   35  be uniformly applied to all of the licensee’s parts used by the
   36  dealer in performing work covered by subsection (1).
   37  (b) In calculating the compensation to be paid for parts by the
   38  arithmetical mean percentage markup over dealer cost method in
   39  paragraph (a), parts discounted by a dealer for repairs made in
   40  group, fleet, insurance, or other third-party payer service
   41  work; parts used in repairs of government agencies’ vehicles
   42  repairs for which volume discounts have been negotiated; parts