HB 1159 2003
1	A bill to be entitled
2	An act relating to motor vehicle manufacturers,
3	distributors, importers, and dealers; amending s. 320.13,
4	F.S.; clarifying provisions for use of dealer license
5	plates; amending s. 320.60, F.S.; clarifying definition of
6	"motor vehicle" and defining the terms "service" and
7	"certified preowned vehicle" for purposes of specified
8	provisions; amending s. 320.64, F.S.; prohibiting certain
9	acts by licensee or applicant; amending s. 320.642, F.S.;
10	revising provisions for evidence that an area is
11	adequately served; expanding grounds for protest of
12	proposed additional or relocated motor vehicle dealer;
13	amending s. 320.643, F.S.; revising provisions relating to
14	transfer, assignment, or sale of franchise agreement;
15	prohibiting rejection or withholding of approval by
16	licensee; requiring condition be met to protect the
17	licensee from liability; amending s. 320.644, F.S.,
18	relating to change in executive management; defining
19	"executive management"; revising procedures for approval
20	or rejection of change; specifying that termination of
21	employment is not deemed a change under the section;
22	prohibiting rejection or withholding of approval by
23	licensee; providing conditions for rejection or
24	withholding of approval by licensee; requiring condition
25	be met to protect the licensee from liability; amending s.
26	320.695, F.S.; revising provisions relating to injunctive
27	relief from violation of specified provisions regulating
28	motor vehicle manufacturers, distributors, importers, and
29	dealers; providing standing for described associations of
30	dealers to seek injunctive relief; amending s. 320.699,
31	F.S.; revising administrative hearing procedures for
32	certain complaints; amending s. 501.976, F.S., relating to
33	actionable, unfair, or deceptive acts or practices by a
34	motor vehicle dealer; revising specifications for
35	representation by dealer of vehicle as a demonstrator;
36	amending s. 817.7001, F.S.; revising the definition of
37	"credit service organization" to exclude specified motor
38	vehicle dealers for purposes of provisions regulating such
39	organizations; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. Paragraph (a) of subsection (1) of section
44	320.13, Florida Statutes, is amended to read:
45	320.13 Dealer and manufacturer license plates and
46	alternative method of registration.--
47	(1)(a) Any licensed motor vehicle dealer and any licensed
48	mobile home dealer may, upon payment of the license tax imposed
49	by s. 320.08(12), secure one or more dealer license plates,
50	which are valid for use on motor vehicles or mobile homes owned
51	by the dealer to whom such plates are issued while the motor
52	vehicles are in inventory and for sale, or while being operated
53	in connection with such dealer's business, or while being
54	operated by a dealer owner or executive or a family member of
55	such dealer owner or executive, with the permission of the
56	dealer, or while being operated for demonstration purposes,but
57	are not valid for use for hire. Dealer license plates may not be
58	used on any tow truck or wrecker unless the tow truck or wrecker
59	is being demonstrated for sale, and the dealer license plates
60	may not be used on a vehicle used to transport another motor
61	vehicle for the motor vehicle dealer.
62	Section 2. Subsection (10) of section 320.60, Florida
63	Statutes, is amended, and subsections (16) and (17) are added to
64	said section, to read:
65	320.60 Definitions for ss. 320.61-320.70.--Whenever used
66	in ss. 320.61-320.70, unless the context otherwise requires, the
67	following words and terms have the following meanings:
68	(10) "Motor vehicle" means any new automobile, motorcycle,
69	or truck, including all trucks regardless of weight, heavy
70	trucks as defined in s. 320.01(10), and trucks as defined in s.
71	320.01(9),the equitable or legal title to which has never been
72	transferred by a manufacturer, distributor, importer, or dealer
73	to an ultimate purchaser; however, when legal title is not
74	transferred but possession of a motor vehicle is transferred
75	pursuant to a conditional sales contract or lease and the
76	conditions are not satisfied and the vehicle is returned to the
77	motor vehicle dealer, the motor vehicle may be resold by the
78	motor vehicle dealer as a new motor vehicle, provided the
79	selling motor vehicle dealer gives the following written notice
80	to the purchaser: "THIS VEHICLE WAS DELIVERED TO A PREVIOUS
81	PURCHASER." The purchaser shall sign an acknowledgment, a copy
82	of which is kept in the selling dealer's file.
83	(16) "Service" means any maintenance, repair, or
84	replacement of any part of any motor vehicle or used motor
85	vehicle that is sold or provided to an owner, operator, or user
86	pursuant to a service contract or motor vehicle warranty.
87	(17) "Certified preowned vehicle" refers to a used motor
88	vehicle for which a licensee, manufacturer, or common entity has
89	established criteria or standards, including reconditioning, for
90	certification of such used motor vehicle.
91	Section 3. Subsection (33) is added to section 320.64,
92	Florida Statutes, to read:
93	320.64 Denial, suspension, or revocation of license;
94	grounds.--A license of a licensee under s. 320.61 may be denied,
95	suspended, or revoked within the entire state or at any specific
96	location or locations within the state at which the applicant or
97	licensee engages or proposes to engage in business, upon proof
98	that the section was violated with sufficient frequency to
99	establish a pattern of wrongdoing, and a licensee or applicant
100	shall be liable for claims and remedies provided in ss. 320.695
101	and 320.697 for any violation of any of the following
102	provisions. A licensee is prohibited from committing the
103	following acts:
104	(33) The applicant or licensee attempts to sell or lease
105	or sells or leases used motor vehicles at retail, including
106	certified preowned vehicles, of the line-make that is the
107	subject of any franchise agreement with a motor vehicle dealer
108	in this state.
109	(a) No licensee or common entity, after enactment of this
110	subsection, shall include in any franchise agreement with a
111	motor vehicle dealer any obligation of the motor vehicle dealer
112	with respect to the sale or lease, or offering for sale or
113	lease, of any used motor vehicle, including any certified
114	preowned vehicle; however, a licensee may prescribe requirements
115	for:
116	1. Facility space requirements for used vehicles.
117	2. A number of sales personnel for the sale or lease of
118	used vehicles, provided such requirements are written,
119	reasonable as to the market potential of each similarly sized
120	motor vehicle dealer, and uniformly applied.
121	(b) No licensee, by agreement or otherwise, in connection
122	with a motor vehicle dealer's sale or lease at retail of any
123	used vehicle, including any certified preowned vehicle, shall
124	require a motor vehicle dealer to issue to its customer any
125	extension of any original warranty or extended service contract
126	that overlaps, as to time, mileage, or coverage, with the
127	original warranty if the motor vehicle dealer or customer must
128	pay anything of value for such extension or extended service
129	contract.
130	(c) No licensee, manufacturer, or common entity, after
131	enactment of this subsection, by agreement, program, or
132	otherwise, shall:
133	1. Establish or continue any motor vehicle dealer
134	incentive, bonus, benefit, or other program; or
135	2. Condition a motor vehicle dealer's eligibility for, or
136	receipt of, a bonus, incentive, or benefit
137
138	which is based upon the dealer certifying, selling, or leasing a
139	prescribed or predetermined quantity of used motor vehicles,
140	including certified preowned vehicles.
141	(d) No licensee shall:
142	1. Establish any new motor vehicle sales planning volume
143	for any motor vehicle dealer, regardless of the terminology used
144	by a licensee to describe the quantity of new motor vehicles to
145	be made available to the dealer from the licensee in any period;
146	2. Refuse a new motor vehicle dealer its fair share of new
147	motor vehicle allocation; or
148	3. Fail or refuse to sell to a new motor vehicle dealer
149	any new motor vehicles, if such planning volume, allocation,
150	failure, or refusal is based upon a dealer selling, leasing, or
151	certifying a quantity of used motor vehicles, including
152	certified preowned vehicles, prescribed by the licensee.
153
154	A motor vehicle dealer who can demonstrate that a violation of,
155	or failure to comply with, any of the preceding provisions by an
156	applicant or licensee will or can adversely and pecuniarily
157	affect the complaining dealer, shall be entitled to pursue all
158	of the remedies, procedures, and rights of recovery available
159	under ss. 320.695 and 320.697.
160	Section 4. Paragraph (b) of subsection (2) and subsection
161	(3) of section 320.642, Florida Statutes, are amended to read:
162	320.642 Dealer licenses in areas previously served;
163	procedure.--
164	(2)
165	(b) In determining whether the existing franchised motor
166	vehicle dealer or dealers are providing adequate representation
167	in the community or territory for the line-make, the department
168	may consider evidence which may include, but is not limited to:
169	1. The impact of the establishment of the proposed or
170	relocated dealer on the consumers, public interest, existing
171	dealers, and the licensee; provided, however, that financial
172	impact may only be considered with respect to the protesting
173	dealer or dealers.
174	2. The size and permanency of investment reasonably made
175	and reasonable obligations incurred by the existing dealer or
176	dealers to perform their obligations under the dealer agreement.
177	3. The reasonably expected market penetration of the line-
178	make motor vehicle for the community or territory involved,
179	after consideration of all factors which may affect said
180	penetration, including, but not limited to, demographic factors
181	such as age, income, import penetration,education, size class
182	preference, product popularity, retail lease transactions, or
183	other factors affecting sales to consumers of the community or
184	territory. Furthermore, with respect to any geographic
185	comparison area used to evaluate the performance of the
186	line-make within the community or territory, such comparison
187	area shall be reasonably similar in demographic traits to the
188	community or territory, including, but not limited to, age,
189	income, import penetration, education, size class preference,
190	and product popularity, and such comparison area shall not be
191	smaller than an entire county. Reasonably expected market
192	penetration shall be measured with respect to the community or
193	territory as a whole and not with respect to any part thereof or
194	identifiable plot therein.
195	4. Any actions by the licensees in denying its existing
196	dealer or dealers of the same line-make the opportunity for
197	reasonable growth, market expansion, or relocation, including
198	the availability of line-make vehicles in keeping with the
199	reasonable expectations of the licensee in providing an adequate
200	number of dealers in the community or territory.
201	5. Any attempts by the licensee to coerce the existing
202	dealer or dealers into consenting to additional or relocated
203	franchises of the same line-make in the community or territory.
204	6. Distance, travel time, traffic patterns, and
205	accessibility between the existing dealer or dealers of the same
206	line-make and the location of the proposed additional or
207	relocated dealer.
208	7. Whether benefits to consumers will likely occur from
209	the establishment or relocation of the dealership which the
210	protesting dealer or dealers prove cannot be obtained by other
211	geographic or demographic changes or expected changes in the
212	community or territory.
213	8. Whether the protesting dealer or dealers are in
214	substantial compliance with their dealer agreement.
215	9. Whether there is adequate interbrand and intrabrand
216	competition with respect to said line-make in the community or
217	territory and adequately convenient consumer care for the motor
218	vehicles of the line-make, including the adequacy of sales and
219	service facilities.
220	10. Whether the establishment or relocation of the
221	proposed dealership appears to be warranted and justified based
222	on economic and marketing conditions pertinent to dealers
223	competing in the community or territory, including anticipated
224	future changes.
225	11. The volume of registrations and service business
226	transacted by the existing dealer or dealers of the same line-
227	make in the relevant community or territory of the proposed
228	dealership.
229	(3) An existing franchised motor vehicle dealer or dealers
230	shall have standing to protest a proposed additional or
231	relocated motor vehicle dealer where the existing motor vehicle
232	dealer or dealers have a franchise agreement for the same line-
233	make vehicle to be sold or servicedby the proposed additional
234	or relocated motor vehicle dealer and are physically located so
235	as to meet or satisfy any of the following requirements or
236	conditions:
237	(a) If the proposed additional or relocated motor vehicle
238	dealer is to be located in a county with a population of less
239	than 300,000 according to the most recent data of the United
240	States Census Bureau or the data of the Bureau of Economic and
241	Business Research of the University of Florida:
242	1. The proposed additional or relocated motor vehicle
243	dealer is to be located in the area designated or described as
244	the area of responsibility, or such similarly designated area,
245	including the entire area designated as a multiple-point area,
246	in the franchise agreement or in any related document or
247	commitment with the existing motor vehicle dealer or dealers of
248	the same line-make as such agreement existed upon October 1,
249	1988;
250	2. The existing motor vehicle dealer or dealers of the
251	same line-make have a licensed franchise location within a
252	radius of 20 miles of the location of the proposed additional or
253	relocated motor vehicle dealer; or
254	3. Any existing motor vehicle dealer or dealers of the
255	same line-make can establish that during any 12-month period of
256	the 36-month period preceding the filing of the licensee's
257	application for the proposed dealership, such dealer or its
258	predecessor made 25 percent of its retail sales of new motor
259	vehicles to persons whose registered household addresses were
260	located within a radius of 20 miles of the location of the
261	proposed additional or relocated motor vehicle dealer; provided
262	such existing dealer is located in the same county or any county
263	contiguous to the county where the additional or relocated
264	dealer is proposed to be located.
265	(b) If the proposed additional or relocated motor vehicle
266	dealer is to be located in a county with a population of more
267	than 300,000 according to the most recent data of the United
268	States Census Bureau or the data of the Bureau of Economic and
269	Business Research of the University of Florida:
270	1. Any existing motor vehicle dealer or dealers of the
271	same line-make have a licensed franchise location within a
272	radius of 12.5 miles of the location of the proposed additional
273	or relocated motor vehicle dealer; or
274	2. Any existing motor vehicle dealer or dealers of the
275	same line-make can establish that during any 12-month period of
276	the 36-month period preceding the filing of the licensee's
277	application for the proposed dealership, such dealer or its
278	predecessor made 25 percent of its retail sales of new motor
279	vehicles to persons whose registered household addresses were
280	located within a radius of 12.5 miles of the location of the
281	proposed additional or relocated motor vehicle dealer; provided
282	such existing dealer is located in the same county or any county
283	contiguous to the county where the additional or relocated
284	dealer is proposed to be located.
285	Section 5. Section 320.643, Florida Statutes, is amended
286	to read:
287	320.643 Transfer, assignment, or sale of franchise
288	agreements.--
289	(1) A motor vehicle dealer shall not transfer, assign, or
290	sell a franchise agreement to another person unless the dealer
291	first notifies the licensee of the dealer's decision to make
292	such transfer, by written notice setting forth the prospective
293	transferee's name, address, financial qualification, and
294	business experience during the previous 5 years. The licensee
295	shall, in writing, within 60 days after receipt of such notice,
296	inform the dealer either of the licensee's approval of the
297	transfer, assignment, or sale or of the unacceptability of the
298	proposed transferee, setting forth the material reasons for the
299	rejection. If the licensee does not so inform the dealer within
300	the 60-day period, its approval of the proposed transfer is
301	deemed granted. No such transfer, assignment, or sale will be
302	valid unless the transferee agrees in writing to comply with all
303	requirements of the franchise then in effect. For the purposes
304	of this section, the refusal by the licensee to accept a
305	proposed transferee who is of good moral character and who
306	otherwise meets the written, reasonable, and uniformly applied
307	standards or qualifications, if any, of the licensee relating to
308	financial qualifications of the transferee and the business
309	experience of the transferee or the transferee's executive
310	management is presumed to be unreasonable. A motor vehicle
311	dealer whose proposed sale is rejected may, within 60 days
312	following such receipt of such rejection, file with the
313	department a complaint for a determination that the proposed
314	transferee has been rejected in violation of this section. The
315	licensee has the burden of proof with respect to all issues
316	raised by such complaint. The department shall determine, and
317	enter an order providing, that the proposed transferee is either
318	qualified or is not and cannot be qualified for specified
319	reasons, or the order may provide the conditions under which a
320	proposed transferee would be qualified. If the licensee fails to
321	file such a response to the motor vehicle dealer's complaint
322	within 30 days after receipt of the complaint, unless the
323	parties agree in writing to an extension, or if the department,
324	after a hearing, renders a decision other than one disqualifying
325	the proposed transferee, the franchise agreement between the
326	motor vehicle dealer and the licensee shall be deemed amended to
327	incorporate such transfer or amended in accordance with the
328	determination and order rendered, effective upon compliance by
329	the proposed transferee with any conditions set forth in the
330	determination or order.
331	(2)(a)Notwithstanding the terms of any franchise
332	agreement, a licensee shall not, by contract or otherwise, fail
333	or refuse to give effect to, prevent, prohibit, or penalize, or
334	attempt to refuse to give effect to, prevent, prohibit, or
335	penalize, any motor vehicle dealer or any proprietor, partner,
336	stockholder, owner, or other person who holds or otherwise owns
337	an interest therein from selling, assigning, transferring,
338	alienating, or otherwise disposing of, in whole or in part, the
339	equity interest of any of them in such motor vehicle dealer to
340	any other person or persons, including a corporation established
341	or existing for the purpose of owning or holding the stock or
342	ownership interests of other entities, unless the licensee
343	proves at a hearing pursuant to this section that such sale,
344	transfer, alienation, or other disposition is to a person who is
345	not, or whose controlling executive management is not, of good
346	moral character. A motor vehicle dealer, or any proprietor,
347	partner, stockholder, owner, or other person who holds or
348	otherwise owns an interest in the motor vehicle dealer, who
349	desires to sell, assign, transfer, alienate, or otherwise
350	dispose of any interest in such motor vehicle dealer shall
351	notify, or cause the proposed transferee to so notify, the
352	licensee, in writing, of the identity and address of the
353	proposed transferee. A licensee who receives such notice may,
354	within 60 days following such receipt, notify the motor vehicle
355	dealer in writing that the proposed transferee is not a person
356	qualified to be a transferee under this section and setting
357	forth the material reasons for such rejection. Failure of the
358	licensee to notify the motor vehicle dealer within the 60-day
359	period of such rejection shall be deemed an approval of the
360	transfer. Any person whose proposed sale of stock is rejected
361	may file within 60 days of receipt of such rejection a complaint
362	with the department alleging that the rejection was in violation
363	of the law or the franchise agreement. The licensee has the
364	burden of proof with respect to all issues raised by such
365	complaint. The department shall determine, and enter an order
366	providing, that the proposed transferee either is qualified or
367	is not and cannot be qualified for specified reasons; or the
368	order may provide the conditions under which a proposed
369	transferee would be qualified. If the licensee fails to file a
370	response to the motor vehicle dealer's complaint within 30 days
371	of receipt of the complaint, unless the parties agree in writing
372	to an extension, or if the department, after a hearing, renders
373	a decision on the complaint other than one disqualifying the
374	proposed transferee, the transfer shall be deemed approved in
375	accordance with the determination and order rendered, effective
376	upon compliance by the proposed transferee with any conditions
377	set forth in the determination or order.
378	(b) During the pendency of any such hearing, the franchise
379	agreement of the motor vehicle dealer shall continue in effect
380	in accordance with its terms. The department shall expedite any
381	determination requested under this section.
382	(3) During the pendency of any such hearing, the franchise
383	agreement of the motor vehicle dealer shall continue in effect
384	in accordance with its terms. The department shall expedite any
385	determination requested under this section.
386	(4)(3)Notwithstanding the terms of any franchise
387	agreement, the acceptance by the licensee of the proposed
388	transferee shall not be unreasonably withheld. For the purposes
389	of this section, the refusal by the licensee to accept a
390	proposed transferee who satisfies the criteria set forth in
391	subsection (1) or subsection (2) is presumed to be unreasonable.
392	(5) It shall be a violation of this section for the
393	licensee to reject or withhold approval of a proposed transfer
394	unless the licensee can prove in any court of competent
395	jurisdiction or in a hearing before the department or in defense
396	of any claim brought pursuant to s. 320.697 that, in fact, the
397	proposed transferee was not qualified as set forth in subsection
398	(1) or subsection (2). Alleging the permitted statutory grounds
399	by the licensee in the written rejection of the proposed
400	transfer shall not protect the licensee from liability for
401	violating this section unless the licensee can prove such
402	allegations are true.
403	Section 6. Section 320.644, Florida Statutes, is amended
404	to read:
405	320.644 Change of executive management control; objection
406	by licensee; procedure.--
407	(1) No licensee shall prohibit or prevent, or attempt to
408	prohibit or prevent, any motor vehicle dealer from changing the
409	executive management control of the motor vehicle dealer unless
410	the proposed change of executive management control of the motor
411	vehicle dealer is to a person or persons not of good moral
412	character or who do not meet the written, reasonable, and
413	uniformly applied standards of the licensee relating to the
414	business experience of executive management required by the
415	licensee of its motor vehicle dealers.A motor vehicle dealer
416	who desires to change its executive management control shall
417	notify the licensee by written notice, setting forth the name,
418	address, and business experience of the proposed executive
419	management. A licensee who receives such notice shall, in
420	writingmay, within 60 days following such receipt, inform the
421	motor vehicle dealer either of the approval of the proposed
422	change in executive management or the unacceptability of the
423	proposed change. If the licensee does not so inform the motor
424	vehicle dealer within the 60-day period, its approval of the
425	proposed change is deemed granted. For the purposes of this
426	section, rejection of a proposed change to a person who is of
427	good moral character and who otherwise meets the written,
428	reasonable, and uniformly applied standards of the licensee
429	relating to the business experience of executive management
430	required by the licensee of its motor vehicles dealers is
431	presumed to be unreasonable. A motor vehicle dealer whose
432	proposed change is rejected may, within 60 days following
433	receipt of such rejection, file with the department a complaint
434	for a determination that the proposed change of executive
435	management has been rejected in violation of this section. The
436	licensee has the burden of proof with respect to all issues
437	raised by such complaint. The department shall determine, and
438	enter an order providing, that the person proposed for the
439	change is either qualified or is not and cannot be qualified for
440	specific reasons, or the order may provide the conditions under
441	which a proposed executive manager would be qualified. If the
442	licensee fails to file a response to the motor vehicle dealer's
443	complaint within 30 days after receipt of the complaint, unless
444	the parties agree in writing to an extension, or if the
445	department after a hearing renders a decision other than one
446	disqualifying the person proposed for the change, the franchise
447	agreement between the motor vehicle dealer and the licensee
448	shall be deemed amended to incorporate such change or amended in
449	accordance with the determination or order rendered, effective
450	upon compliance by the person proposed for the change with any
451	conditions set forth in the determination or orderfile with the
452	department a verified complaint for a determination that the
453	proposed change of executive management will result in executive
454	management control by persons who are not of good moral
455	character or who do not meet such licensee's standards. The
456	licensee has the burden of proof with respect to all issues
457	raised by such verified complaint. If the licensee fails to file
458	such verified complaint within such 60-day period or if the
459	department, after a hearing, dismisses the complaint, the
460	franchise agreement between the motor vehicle dealer and the
461	licensee shall be deemed amended to incorporate such change or
462	amended in accordance with the decision rendered. For the
463	purpose of this section, the mere termination of employment of
464	executive management, including the dealer/operator or such
465	similarly designated person or persons, shall not be deemed to
466	be a change in executive management or a transfer of the
467	franchise. Provided, however, the designation of replacement
468	executive management shall be subject to this section.
469	(2) For the purpose of this section, the mere termination
470	of employment of executive management shall not be deemed to be
471	a change in executive management or a transfer of the franchise;
472	however, the proposal of replacement executive management shall
473	be subject to this sectionDuring the pendency of any such
474	hearing, the franchise agreement of the motor vehicle dealer
475	shall continue in effect in accordance with its terms. The
476	department shall expedite any determination requested under this
477	section.
478	(3) For the purpose of this section, the term "executive
479	management" shall mean and be limited to the person or persons
480	designated under the franchise agreement as the dealer-operator,
481	executive manager, or similarly designated persons who are
482	responsible for the overall day-to-day operation of the
483	dealership. A motor vehicle dealer may change all other
484	dealership personnel without seeking approval from the licensee.
485	(4) During the pendency of any such hearing, the franchise
486	agreement of the motor vehicle dealer shall continue in effect
487	in accordance with its terms. The department shall expedite any
488	determination requested under this section.
489	(5) It shall be a violation of this section for the
490	licensee to reject or withhold approval of a proposed change of
491	executive management, unless the licensee can prove in any court
492	of competent jurisdiction or in a hearing before the department
493	or in defense of any claim brought pursuant to s. 320.697 that,
494	in fact, the person proposed for executive management was not
495	qualified as set forth in subsection (1). Alleging the permitted
496	statutory grounds by the licensee in the written rejection of
497	the proposed change of executive management shall not protect
498	the licensee from liability for violating this section unless
499	the licensee proves such allegations are true.
500	Section 7. Section 320.695, Florida Statutes, is amended
501	to read:
502	320.695 Injunction.--In addition to the remedies provided
503	in this chapter, and notwithstanding the existence of any
504	adequate remedy at law, the department, or any motor vehicle
505	dealer or any association of 30 or more motor vehicle dealersin
506	the name of the department and state andfor the use and benefit
507	of one or morethe motor vehicle dealersdealer, is authorized
508	to make application to any circuit court of the state for the
509	grant, upon a hearing and for cause shown, of a temporary or
510	permanent injunction, or both, restraining any person from
511	acting as a licensee under the terms of ss. 320.60-320.70
512	without being properly licensed hereunder, or from violating or
513	continuing to violate or threatening to violateany of the
514	provisions of ss. 320.60-320.70, or from failing or refusing to
515	comply with the requirements of this law or any rule or
516	regulation adopted hereunder. Such injunction shall be issued
517	without bond. A single act in violation of the provisions of ss.
518	320.60-320.70 shall be sufficient to authorize the issuance of
519	an injunction. However, this statutory remedy shall not be
520	applicable to any motor vehicle dealer after final determination
521	by the department under s. 320.641(3).
522	Section 8. Subsection (3) is added to section 320.699,
523	Florida Statutes, to read:
524	320.699 Administrative hearings and adjudications;
525	procedure.--
526	(3) If a complaint is filed pursuant to s. 320.6403, s.
527	320.641, s. 320.643, s. 320.644, or s. 320.696, a hearing shall
528	be held no sooner than 180 days nor later than 240 days after
529	the date of the filing of the complaint unless all parties
530	stipulate to a hearing date sooner than 180 days, or unless the
531	time is extended by the administrative law judge for good cause
532	shown. This subsection shall govern the schedule of hearings in
533	lieu of any other provision of law with respect to
534	administrative hearings conducted by the Department of Highway
535	Safety and Motor Vehicles or the Division of Administrative
536	Hearings, including performance standards of state agencies,
537	which may be included in current and future appropriations acts.
538	Section 9. Subsection (2) of section 501.976, Florida
539	Statutes, is amended to read:
540	501.976 Actionable, unfair, or deceptive acts or
541	practices.--It is an unfair or deceptive act or practice,
542	actionable under the Florida Deceptive and Unfair Trade
543	Practices Act, for a dealer to:
544	(2) Represent directly or indirectly that a vehicle is a
545	demonstrator unless the vehicle was driven by prospective
546	customers of a dealership selling the vehicle and such vehicle
547	complies with the definition of a demonstrator in s. 320.60(3).
548
549	In any civil litigation resulting from a violation of this
550	section, when evaluating the reasonableness of an award of
551	attorney's fees to a private person, the trial court shall
552	consider the amount of actual damages in relation to the time
553	spent.
554	Section 10. Paragraph (b) of subsection (2) of section
555	817.7001, Florida Statutes, is amended to read:
556	817.7001 Definitions.--As used in this part:
557	(2)
558	(b) "Credit service organization" does not include:
559	1. Any person authorized to make loans or extensions of
560	credit under the laws of this state or the United States who is
561	subject to regulation and supervision by this state or the
562	United States or a lender approved by the United States
563	Secretary of Housing and Urban Development for participation in
564	any mortgage insurance program under the National Housing Act;
565	2. Any bank, savings bank, or savings and loan association
566	whose deposits or accounts are eligible for insurance by the
567	Federal Deposit Insurance Corporation or the Federal Savings and
568	Loan Insurance Corporation, or a subsidiary of such bank,
569	savings bank, or savings and loan association;
570	3. Any credit union, federal credit union, or out-of-state
571	credit union doing business in this state;
572	4. Any nonprofit organization exempt from taxation under
573	s. 501(c)(3) of the Internal Revenue Code;
574	5. Any person licensed as a real estate broker by this
575	state if the person is acting within the course and scope of
576	that license;
577	6. Any person collecting consumer claims pursuant to s.
578	559.72;
579	7. Any person licensed to practice law in this state if
580	the person renders services within the course and scope of his
581	or her practice as an attorney and does not engage in the credit
582	service business on a regular and continuing basis;
583	8. Any broker-dealer registered with the Securities and
584	Exchange Commission or the Commodity Futures Trading Commission
585	if the broker-dealer is acting within the course and scope of
586	that regulation; or
587	9. Any consumer reporting agency as defined in the Federal
588	Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t; or
589	10. Any motor vehicle dealer as defined by s. 320.27(1)(c)
590	or s. 320.60(11)(a) and (b).
591	Section 11. This act shall take effect upon becoming a
592	law.