CS/HB 437

1
A bill to be entitled
2An act relating to motor vehicle licenses; amending s.
3320.60, F.S.; redefining the term "line-make vehicles" to
4clarify circumstances under which vehicles sold or leased
5under multiple brand names or marks constitute a single
6line-make; amending s. 320.6992, F.S.; revising the
7application of provisions relating to franchise
8agreements; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (14) of section 320.60, Florida
13Statutes, is amended to read:
14     320.60  Definitions for ss. 320.61-320.70.-Whenever used in
15ss. 320.61-320.70, unless the context otherwise requires, the
16following words and terms have the following meanings:
17     (14)  "Line-make vehicles" are those motor vehicles which
18are offered for sale, lease, or distribution under a common
19name, trademark, service mark, or brand name of the manufacturer
20of same. However, motor vehicles sold or leased under multiple
21brand names or marks shall constitute a single line-make when
22they are included in a single franchise agreement and every
23motor vehicle dealer in this state authorized to sell or lease
24any such vehicles has been offered the right to sell or lease
25all of the multiple brand names or marks covered by the single
26franchise agreement. Except, such multiple brand names or marks
27shall be considered individual franchises for purposes of s.
28320.64(36).
29     Section 2.  Section 320.6992, Florida Statutes, is amended
30to read:
31     320.6992  Application.-Sections 320.60-320.70, including
32amendments to ss. 320.60-320.70, This act shall apply to all
33presently existing or hereafter established systems of
34distribution of motor vehicles in this state, except to the
35extent that such application would impair valid contractual
36agreements in violation of the State Constitution or Federal
37Constitution. Sections 320.60-320.70 do The provisions of this
38act shall not apply to any judicial or administrative proceeding
39pending as of October 1, 1988. All agreements renewed, amended,
40or entered into subsequent to October 1, 1988, shall be governed
41by ss. 320.60-320.70, including any amendments to ss. 320.60-
42320.70 which have been or may be from time to time adopted,
43unless the amendment specifically provides otherwise, and except
44to the extent that such application would impair valid
45contractual agreements in violation of the State Constitution or
46Federal Constitution hereby.
47     Section 3.  This act shall take effect July 1, 2011.


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