Florida Senate - 2011                              CS for SB 740
       
       
       
       By the Committee on Transportation; and Senator Negron
       
       
       
       
       596-02256A-11                                          2011740c1
    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”
    4         to clarify circumstances under which vehicles sold or
    5         leased under multiple brand names or marks constitute
    6         a single line-make; amending s. 320.6992, F.S.;
    7         revising the application of provisions relating to
    8         franchise agreements; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   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.