Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 466
       
       
       
       
       
       
                                Ì9755524Î975552                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/25/2017           .                                
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       The Committee on Rules (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 74 - 122
    4  and insert:
    5         (a) That is of the same make and model manufactured,
    6  imported, or distributed by the licensee;
    7         (b) That is subject to a safety recall notice issued by the
    8  licensee or an authorized governmental agency, including a
    9  safety recall notice issued before July 1, 2017, regardless of
   10  whether the vehicle is identified by its vehicle identification
   11  number;
   12         (c) That is held by the motor vehicle dealer in the
   13  dealer’s inventory at the time the recall notice is issued or
   14  that is taken by the motor vehicle dealer into the dealer’s
   15  inventory after the recall notice as a result of a retail
   16  consumer trade-in or a lease return to the dealer inventory in
   17  accordance with an applicable lease contract;
   18         (d) That cannot be repaired due to the unavailability,
   19  within 30 days after issuance of the recall notice, of a remedy
   20  or parts necessary for the motor vehicle dealer to make the
   21  recall repair; and
   22         (e) For which the licensee has not issued a written
   23  statement to the motor vehicle dealer indicating that the used
   24  motor vehicle may be sold or delivered to a retail customer
   25  before completion of the recall repair. The purpose of such
   26  written statement is to provide notice to the motor vehicle
   27  dealer that the vehicle may be sold or delivered based solely on
   28  the specific safety recall notice and is not intended to address
   29  any other aspect of the vehicle unrelated to the safety recall
   30  notice.
   31         (2) The licensee shall pay the required compensation within
   32  30 days after the motor vehicle dealer’s application for
   33  payment. Applications for payment must be submitted monthly, as
   34  necessary, through the licensee’s existing warranty application
   35  system or another system or process established by the licensee
   36  which is not unduly burdensome or which does not require
   37  information unnecessary for the payment.
   38         (3) Compensation under this section must be the greater of:
   39         (a) Payment at a rate of at least 1.5 percent per month of
   40  the motor vehicle value, as determined by the average Black Book
   41  value of the corresponding model year vehicle of average
   42  condition, of each eligible used motor vehicle in the motor
   43  vehicle dealer’s inventory for each month that the dealer does
   44  not receive a remedy and parts to complete the required recall
   45  repair. Such payment must be prorated for any period less than 1
   46  month based on the number of days during the month each eligible
   47  used motor vehicle is in the motor vehicle dealer’s inventory.
   48  Payment shall be calculated from the date the recall was issued,
   49  the date the vehicle was acquired, or July 1, 2017, whichever is
   50  latest.
   51         (b) Payment under a national program applicable to all
   52  motor vehicle dealers holding a franchise agreement with the
   53  licensee for the motor vehicle dealer’s costs associated with
   54  holding the eligible used motor vehicles.
   55         (4) For purposes of this section, a licensee does not
   56  include a motorcycle manufacturer, distributor, or importer.
   57         Section 3. For the purpose of incorporating section
   58  320.6407, Florida Statutes, as created by this act, in
   59  references thereto, section 320.6992, Florida Statutes, is
   60  reenacted to read:
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete lines 13 - 28
   65  and insert:
   66         applicability; specifying the purpose of a certain
   67         written statement; requiring the manufacturer, factory
   68         branch, distributor, or importer to pay the
   69         compensation within a specified timeframe after the
   70         motor vehicle dealer’s application for payment;
   71         requiring such applications to be submitted monthly,
   72         as necessary, through the manufacturer’s, factory
   73         branch’s, distributor’s, or importer’s warranty
   74         application system or certain other system or process;
   75         providing for calculation of the amount of
   76         compensation; providing applicability; reenacting s.
   77         320.6992, F.S., relating to applicability of specified
   78         provisions to systems of distribution of motor
   79         vehicles in this state, to incorporate s. 320.6407,
   80         F.S., as created by the act, in references thereto;
   81         providing an effective date.