Florida Senate - 2026                                    SB 1562
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-00862-26                                            20261562__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle dealers; amending s.
    3         320.64, F.S.; prohibiting applicants and licensees
    4         from selling more than a specified number of motor
    5         vehicles at wholesale to motor vehicle dealers in a
    6         certain period under certain circumstances; providing
    7         applicability; providing construction; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (44) is added to section 320.64,
   13  Florida Statutes, to read:
   14         320.64 Denial, suspension, or revocation of license;
   15  grounds.—A license of a licensee under s. 320.61 may be denied,
   16  suspended, or revoked within the entire state or at any specific
   17  location or locations within the state at which the applicant or
   18  licensee engages or proposes to engage in business, upon proof
   19  that the section was violated with sufficient frequency to
   20  establish a pattern of wrongdoing, and a licensee or applicant
   21  shall be liable for claims and remedies provided in ss. 320.695
   22  and 320.697 for any violation of any of the following
   23  provisions. A licensee is prohibited from committing the
   24  following acts:
   25         (44) The applicant or licensee has sold at least 3,000
   26  motor vehicles at wholesale to motor vehicle dealers in this
   27  state in a 12-month period without first establishing at least
   28  five motor vehicle dealers in this state which are all
   29  independent from each other. This subsection applies only if the
   30  applicant or licensee is prohibited by s. 320.645 from owning or
   31  operating a motor vehicle dealer. For purposes of this
   32  subsection, a motor vehicle dealer is independent from another
   33  motor vehicle dealer if all of the following conditions are met:
   34         (a) The motor vehicle dealer is not controlled by another
   35  motor vehicle dealer.
   36         (b) The motor vehicle dealer is not controlled by one or
   37  more persons who also control another motor vehicle dealer.
   38         (c) The motor vehicle dealer has no more than 30 percent of
   39  its equity interest directly or indirectly owned, beneficially
   40  or of record, through any form of ownership structure by another
   41  motor vehicle dealer.
   42         (d) The motor vehicle dealer has no more than 30 percent of
   43  its equity interest directly or indirectly controlled or owned,
   44  beneficially or of record, through any form of ownership
   45  structure by one or more persons who also directly or indirectly
   46  control or own, beneficially or of record, more than 30 percent
   47  of the equity interests of another motor vehicle dealer.
   48  
   49  A motor vehicle dealer who can demonstrate that a violation of,
   50  or failure to comply with, any of the preceding provisions by an
   51  applicant or licensee will or may adversely and pecuniarily
   52  affect the complaining dealer, shall be entitled to pursue all
   53  of the remedies, procedures, and rights of recovery available
   54  under ss. 320.695 and 320.697.
   55         Section 2. This act shall take effect July 1, 2026.