| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle licenses; amending s. |
| 3 | 320.60, F.S.; redefining the term "line-make vehicles" to |
| 4 | clarify circumstances under which vehicles sold or leased |
| 5 | under multiple brand names or marks constitute a single |
| 6 | line-make; amending s. 320.6992, F.S.; revising the |
| 7 | application of provisions relating to franchise |
| 8 | agreements; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (14) of section 320.60, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 320.60 Definitions for ss. 320.61-320.70.-Whenever used in |
| 15 | ss. 320.61-320.70, unless the context otherwise requires, the |
| 16 | following words and terms have the following meanings: |
| 17 | (14) "Line-make vehicles" are those motor vehicles which |
| 18 | are offered for sale, lease, or distribution under a common |
| 19 | name, trademark, service mark, or brand name of the manufacturer |
| 20 | of same. However, motor vehicles sold or leased under multiple |
| 21 | brand names or marks shall constitute a single line-make when |
| 22 | they are included in a single franchise agreement and every |
| 23 | motor vehicle dealer in this state authorized to sell or lease |
| 24 | any such vehicles has been offered the right to sell or lease |
| 25 | all of the multiple brand names or marks covered by the single |
| 26 | franchise agreement. Except, such multiple brand names or marks |
| 27 | shall be considered individual franchises for purposes of s. |
| 28 | 320.64(36). |
| 29 | Section 2. Section 320.6992, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 320.6992 Application.-Sections 320.60-320.70, including |
| 32 | amendments to ss. 320.60-320.70, This act shall apply to all |
| 33 | presently existing or hereafter established systems of |
| 34 | distribution of motor vehicles in this state, except to the |
| 35 | extent that such application would impair valid contractual |
| 36 | agreements in violation of the State Constitution or Federal |
| 37 | Constitution. Sections 320.60-320.70 do The provisions of this |
| 38 | act shall not apply to any judicial or administrative proceeding |
| 39 | pending as of October 1, 1988. All agreements renewed, amended, |
| 40 | or entered into subsequent to October 1, 1988, shall be governed |
| 41 | by ss. 320.60-320.70, including any amendments to ss. 320.60- |
| 42 | 320.70 which have been or may be from time to time adopted, |
| 43 | unless the amendment specifically provides otherwise, and except |
| 44 | to the extent that such application would impair valid |
| 45 | contractual agreements in violation of the State Constitution or |
| 46 | Federal Constitution hereby. |
| 47 | Section 3. This act shall take effect July 1, 2011. |