Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 466
       
       
       
       
       
       
                                Ì122736/Î122736                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2017           .                                
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       The Committee on Transportation (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 51 - 99
    4  and insert:
    5  warranty or recall repairs during the course of a separate
    6  repair requested by the consumer.
    7         (b) Notification by the motor vehicle dealer to the
    8  consumer of the need for recall repairs after the licensee or an
    9  authorized governmental agency issues a notice of an outstanding
   10  recall for a safety-related defect.
   11  
   12  A motor vehicle dealer who can demonstrate that a violation of,
   13  or failure to comply with, any of the preceding provisions by an
   14  applicant or licensee will or can adversely and pecuniarily
   15  affect the complaining dealer, shall be entitled to pursue all
   16  of the remedies, procedures, and rights of recovery available
   17  under ss. 320.695 and 320.697.
   18         Section 2. Section 320.6407, Florida Statutes, is created
   19  to read:
   20         320.6407 Recall notices under franchise agreements;
   21  compensation.—
   22         (1) As provided in subsection (3), a licensee that has
   23  entered into a franchise agreement with a motor vehicle dealer
   24  must compensate the motor vehicle dealer for a used motor
   25  vehicle:
   26         (a) That was originally manufactured, imported, or
   27  distributed by the licensee;
   28         (b) That is subject to a recall notice issued by the
   29  licensee or an authorized governmental agency, regardless of
   30  whether the vehicle is identified by its vehicle identification
   31  number;
   32         (c) That is held by the motor vehicle dealer in the
   33  dealer’s inventory at the time the recall notice is issued or
   34  that is taken by the motor vehicle dealer into the dealer’s
   35  inventory after the recall notice as a result of a trade-in,
   36  lease return, or otherwise;
   37         (d) That cannot be repaired due to the unavailability,
   38  within 30 days after issuance of the recall notice, of remedy or
   39  parts necessary for the motor vehicle dealer to make the recall
   40  repair; and
   41         (e) For which the licensee has not issued a written
   42  statement to the motor vehicle dealer indicating that the used
   43  motor vehicle may be sold or delivered to a retail customer
   44  before completion of the recall repair.
   45         (2) The licensee shall pay the required compensation within
   46  30 days after the motor vehicle dealer’s application for
   47  payment. Applications for compensation payments must be
   48  submitted monthly, as necessary, through the licensee’s existing
   49  warranty application system or another system or process
   50  established by the licensee which is not unduly burdensome or
   51  which does not require information unnecessary for the payment.
   52         (3) Compensation under this section must be the greater of:
   53         (a) Payment at a rate of at least 2 percent per month of
   54  the motor vehicle value, as determined by the average Black Book
   55  value of corresponding model year vehicle of average condition,
   56  of each eligible used motor vehicle in the motor vehicle
   57  dealer’s inventory for each month that the dealer does not
   58  receive a remedy or parts to complete the required repair. Such
   59  payment must be prorated for any period less than a month based
   60  on the number of days during the month each eligible used motor
   61  vehicle is in the motor vehicle dealer’s inventory. Payments
   62  shall be calculated from the date the recall was issued or the
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete line 16
   66  and insert:
   67         requiring such applications to be submitted monthly,
   68         as necessary, through the