Florida Senate - 2026                                     SB 352
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00522-26                                            2026352__
    1                        A bill to be entitled                      
    2         An act relating to common entities of motor vehicle
    3         distributors and manufacturers; amending s. 320.60,
    4         F.S.; revising the definition of the term “common
    5         entity”; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (2) of section 320.60, Florida
   10  Statutes, is amended to read:
   11         320.60 Definitions for ss. 320.61-320.70.—Whenever used in
   12  ss. 320.61-320.70, unless the context otherwise requires, the
   13  following words and terms have the following meanings:
   14         (2)(a) “Common entity” means a person:
   15         1. Who is directly or indirectly controlled by or has more
   16  than 30 percent of its equity interest directly or indirectly
   17  owned, beneficially or of record, through any form of ownership
   18  structure, by a manufacturer, an importer, a distributor, or a
   19  licensee, or an affiliate thereof; or
   20         2. Who has more than 30 percent of its equity interest
   21  directly or indirectly controlled or owned, beneficially or of
   22  record, through any form of ownership structure, by one or more
   23  persons who also directly or indirectly control or own,
   24  beneficially or of record, more than 30 percent of the equity
   25  interests of a manufacturer, an importer, a distributor, or a
   26  licensee, or an affiliate thereof.
   27         (b) Notwithstanding subparagraph (a)1. or subparagraph
   28  (a)2., an entity that would otherwise be considered a common
   29  entity of a distributor or a manufacturer under subparagraph
   30  (a)1. or subparagraph (a)2. because of its relation to a
   31  distributor or a manufacturer is not considered a common entity
   32  of that distributor or manufacturer if:
   33         1.a. The distributor to which the entity is related was a
   34  licensed distributor on March 1, 2023;
   35         b.2. The entity is not a common entity of a manufacturer or
   36  an importer; and
   37         c.3. The distributor to which the entity is related is not,
   38  and has never been, a common entity of a manufacturer or an
   39  importer; or
   40         2.The entity was incorporated in the United States and
   41  solely manufactures or assembles vehicles that are part of a
   42  motor vehicle line-make that has no franchised motor vehicle
   43  dealers in this state.
   44         Section 2. This act shall take effect July 1, 2026.