| 1 | A bill to be entitled |
| 2 | An act relating to franchised motor vehicle dealers; |
| 3 | amending s. 320.60, F.S.; revising the definition of |
| 4 | "demonstrator"; defining "existing franchised motor |
| 5 | vehicle dealer"; amending s. 320.64, F.S.; prohibiting |
| 6 | applicant or licensee failure to pay certain costs and |
| 7 | amounts to a dealer after termination of franchise; |
| 8 | amending s. 320.641, F.S.; providing for admissibility of |
| 9 | certain evidence in a hearing of a complaint or petition |
| 10 | filed relating to discontinuations, cancellations, |
| 11 | nonrenewals, modifications, or replacement of franchise |
| 12 | agreements; amending s. 320.642, F.S.; revising criteria |
| 13 | and procedures to establish an additional dealership or |
| 14 | relocate an existing dealer in an area where the same |
| 15 | line-make vehicle is presently represented; revising |
| 16 | provisions excluding certain openings and reopenings from |
| 17 | consideration as an additional or relocated motor vehicle |
| 18 | dealer; limiting such openings and reopenings; requiring |
| 19 | distance between sites to be measured from the geometric |
| 20 | centroid of each site; amending s. 320.643, F.S.; |
| 21 | exempting a transferee proposing to simultaneously |
| 22 | relocate dealership operations in conjunction with the |
| 23 | purchase from location requirements in the franchise |
| 24 | agreement under certain circumstances; providing |
| 25 | requirements for such proposals; amending s. 320.699, |
| 26 | F.S.; revising procedures for administrative hearings; |
| 27 | requiring a certain schedule unless extended by the |
| 28 | administrative law judge under certain conditions; |
| 29 | amending ss. 320.645, 681.102, and 681.113, F.S.; |
| 30 | correcting cross references; providing an effective date. |
| 31 |
|
| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
|
| 34 | Section 1. Subsection (3) of section 320.60, Florida |
| 35 | Statutes, is amended, subsections (6) through (16) are |
| 36 | renumbered as subsections (7) through (17), respectively, and a |
| 37 | new subsection (6) is added to said section, to read: |
| 38 | 320.60 Definitions for ss. 320.61-320.70.--Whenever used |
| 39 | in ss. 320.61-320.70, unless the context otherwise requires, the |
| 40 | following words and terms have the following meanings: |
| 41 | (3) "Demonstrator" means any new motor vehicle which is |
| 42 | carried on the records of the dealer as a demonstrator and is |
| 43 | used by or, being inspected or driven by the dealer or his or |
| 44 | her employees, or driven by prospective customers for the |
| 45 | purpose of demonstrating vehicle characteristics in the sale or |
| 46 | display of motor vehicles sold by the dealer. |
| 47 | (6) "Existing franchised motor vehicle dealer" means any |
| 48 | motor vehicle dealer that has a franchise agreement with a |
| 49 | licensee in effect or that is the subject of a final order |
| 50 | permitting the establishment of additional representation or a |
| 51 | relocation, even if not yet opened for business. |
| 52 | Section 2. Subsection (36) is added to section 320.64, |
| 53 | Florida Statutes, to read: |
| 54 | 320.64 Denial, suspension, or revocation of license; |
| 55 | grounds.--A license of a licensee under s. 320.61 may be denied, |
| 56 | suspended, or revoked within the entire state or at any specific |
| 57 | location or locations within the state at which the applicant or |
| 58 | licensee engages or proposes to engage in business, upon proof |
| 59 | that the section was violated with sufficient frequency to |
| 60 | establish a pattern of wrongdoing, and a licensee or applicant |
| 61 | shall be liable for claims and remedies provided in ss. 320.695 |
| 62 | and 320.697 for any violation of any of the following |
| 63 | provisions. A licensee is prohibited from committing the |
| 64 | following acts: |
| 65 | (36) Notwithstanding the terms of any franchise agreement, |
| 66 | after termination of a franchise, voluntarily or involuntarily, |
| 67 | an applicant or licensee has failed to pay to the motor vehicle |
| 68 | dealer, within 90 days after the effective date of the |
| 69 | termination, cancellation, or nonrenewal, the following amounts: |
| 70 | (a) The net cost paid by the dealer for each new motor |
| 71 | vehicle in the dealer's inventory with mileage of 6,000 miles or |
| 72 | less, exclusive of mileage placed on the vehicle before it was |
| 73 | delivered to the dealer. |
| 74 | (b) The cost paid by the dealer for each new, unused, |
| 75 | undamaged, and unsold part or accessory that: |
| 76 | 1. Is in the current parts catalog and is still in the |
| 77 | original, resalable merchandising package and in an unbroken |
| 78 | lot, except that, in the case of sheet metal, a comparable |
| 79 | substitute for the original package may be used; and |
| 80 | 2. Was purchased by the dealer either directly from the |
| 81 | manufacturer or distributor or was purchased from an outgoing |
| 82 | authorized dealer as a part of the dealer's initial inventory. |
| 83 | (c) The fair market value of each undamaged sign owned by |
| 84 | the dealer that bears a trademark or trade name used or claimed |
| 85 | by the applicant or licensee or a representative of the |
| 86 | applicant or licensee and that was purchased from or at the |
| 87 | request of the applicant or licensee or a representative of the |
| 88 | applicant or licensee. |
| 89 | (d) The fair market value of all special tools, data |
| 90 | processing equipment, and automotive service equipment owned by |
| 91 | the dealer that: |
| 92 | 1. Were recommended in writing by the applicant or |
| 93 | licensee or a representative of the applicant or licensee and |
| 94 | designated as special tools and equipment; |
| 95 | 2. Were purchased from or at the request of the applicant |
| 96 | or licensee or a representative of the applicant or licensee; |
| 97 | and |
| 98 | 3. Are in usable and good condition except for reasonable |
| 99 | wear and tear. |
| 100 | (e) The cost of transporting, handling, packing, storing, |
| 101 | and loading any property subject to repurchase under this |
| 102 | section. |
| 103 |
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| 104 | A motor vehicle dealer who can demonstrate that a violation of, |
| 105 | or failure to comply with, any of the preceding provisions by an |
| 106 | applicant or licensee will or can adversely and pecuniarily |
| 107 | affect the complaining dealer, shall be entitled to pursue all |
| 108 | of the remedies, procedures, and rights of recovery available |
| 109 | under ss. 320.695 and 320.697. |
| 110 | Section 3. Subsection (3) of section 320.641, Florida |
| 111 | Statutes, is amended to read: |
| 112 | 320.641 Discontinuations, cancellations, nonrenewals, |
| 113 | modifications, and replacement of franchise agreements.-- |
| 114 | (3)(a) Any motor vehicle dealer who receives a notice of |
| 115 | intent to discontinue, cancel, not renew, modify, or replace |
| 116 | may, within the 90-day notice period, file a petition or |
| 117 | complaint for a determination of whether such action is an |
| 118 | unfair or prohibited discontinuation, cancellation, nonrenewal, |
| 119 | modification, or replacement. Agreements and certificates of |
| 120 | appointment shall continue in effect until final determination |
| 121 | of the issues raised in such petition or complaint by the motor |
| 122 | vehicle dealer. A discontinuation, cancellation, or nonrenewal |
| 123 | of a franchise agreement is unfair if it is not clearly |
| 124 | permitted by the franchise agreement; is not undertaken in good |
| 125 | faith; is not undertaken for good cause; or is based on an |
| 126 | alleged breach of the franchise agreement which is not in fact a |
| 127 | material and substantial breach; or, if the grounds relied upon |
| 128 | for termination, cancellation, or nonrenewal have not been |
| 129 | applied in a uniform and consistent manner by the licensee. A |
| 130 | modification or replacement is unfair if it is not clearly |
| 131 | permitted by the franchise agreement; is not undertaken in good |
| 132 | faith; or is not undertaken for good cause. The applicant or |
| 133 | licensee shall have the burden of proof that such action is fair |
| 134 | and not prohibited. |
| 135 | (b) In any hearing held pursuant to a complaint or |
| 136 | petition filed pursuant to this subsection, all conduct by the |
| 137 | motor vehicle dealer or licensee until the commencement of the |
| 138 | final hearing shall be admissible in evidence to determine the |
| 139 | issues set forth under this subsection. |
| 140 | Section 4. Subsections (2), (3), (5), and (6) of section |
| 141 | 320.642, Florida Statutes, are amended, and subsection (7) is |
| 142 | added to said section, to read: |
| 143 | 320.642 Dealer licenses in areas previously served; |
| 144 | procedure.-- |
| 145 | (2)(a) An application for a motor vehicle dealer license |
| 146 | in any community or territory shall be denied when: |
| 147 | 1. A timely protest is filed by a presently existing |
| 148 | franchised motor vehicle dealer with standing to protest as |
| 149 | defined in subsection (3); and |
| 150 | 2. The licensee fails to show that the existing franchised |
| 151 | dealer or dealers who register new motor vehicle retail sales or |
| 152 | retail leases of the same line-make in the community or |
| 153 | territory of the proposed dealership are not providing adequate |
| 154 | representation of such line-make motor vehicles in such |
| 155 | community or territory as a whole and not with respect to any |
| 156 | part thereof or identifiable plot therein. The burden of proof |
| 157 | in establishing inadequate representation shall be on the |
| 158 | licensee. |
| 159 | (b) In determining whether the existing franchised motor |
| 160 | vehicle dealer or dealers are providing adequate representation |
| 161 | in the community or territory for the line-make, the department |
| 162 | shall may consider evidence including which may include, but is |
| 163 | not limited to: |
| 164 | 1. The impact of the establishment of the proposed or |
| 165 | relocated dealer on the consumers, public interest, existing |
| 166 | dealers, and the licensee; provided, however, that financial |
| 167 | impact may only be considered with respect to the protesting |
| 168 | dealer or dealers. |
| 169 | 2. The size and permanency of investment reasonably made |
| 170 | and reasonable obligations incurred by the existing dealer or |
| 171 | dealers to perform their obligations under the dealer agreement. |
| 172 | 3. The reasonably expected market penetration of the line- |
| 173 | make motor vehicle for the community or territory involved, |
| 174 | after consideration of all factors which may affect said |
| 175 | penetration, including, but not limited to, demographic factors |
| 176 | such as age, income, education, size class preference, product |
| 177 | popularity, retail lease transactions, import penetration, |
| 178 | existence and extent of interbrand competition, whether located |
| 179 | in a metropolitan or nonmetropolitan area, or other factors |
| 180 | affecting sales to consumers of the community or territory. With |
| 181 | respect to any geographic comparison area used to evaluate the |
| 182 | performance of the line-make within the community or territory, |
| 183 | such comparison area shall not be smaller than an entire county |
| 184 | and shall not include any geographic area located outside this |
| 185 | state. Reasonably expected market penetration shall be measured |
| 186 | with respect to the community or territory as a whole and not |
| 187 | with respect to any part thereof or identifiable plot therein. |
| 188 | In order to satisfy its burden of proof pursuant to this |
| 189 | section, the licensee must prove that any deviation or shortfall |
| 190 | in market penetration from a reasonable comparison area is |
| 191 | substantial and significant, considering factors including, but |
| 192 | not limited to, the size of the community or territory and the |
| 193 | projected sales of the proposed dealership. |
| 194 | 4. Any actions by the licensees in denying its existing |
| 195 | dealer or dealers of the same line-make the opportunity for |
| 196 | reasonable growth, market expansion, or relocation, including |
| 197 | the availability of line-make vehicles in keeping with the |
| 198 | reasonable expectations of the licensee in providing an adequate |
| 199 | number of dealers in the community or territory. |
| 200 | 5. Any attempts by the licensee to coerce the existing |
| 201 | dealer or dealers into consenting to additional or relocated |
| 202 | franchises of the same line-make in the community or territory. |
| 203 | 6. Distance, travel time, traffic patterns, and |
| 204 | accessibility between the existing dealer or dealers of the same |
| 205 | line-make and the location of the proposed additional or |
| 206 | relocated dealer. |
| 207 | 7. Whether benefits to consumers will likely occur from |
| 208 | the establishment or relocation of the dealership which cannot |
| 209 | be obtained by other geographic or demographic changes or |
| 210 | expected changes in the community or territory. |
| 211 | 8. Whether the protesting dealer or dealers are in |
| 212 | substantial compliance with their dealer agreement. |
| 213 | 9. Whether there is adequate interbrand and intrabrand |
| 214 | competition with respect to said line-make in the community or |
| 215 | territory and adequately convenient consumer care for the motor |
| 216 | vehicles of the line-make, including the adequacy of sales and |
| 217 | service facilities. |
| 218 | 10. Whether the establishment or relocation of the |
| 219 | proposed dealership appears to be warranted and justified based |
| 220 | on economic and marketing conditions pertinent to dealers |
| 221 | competing in the community or territory, including anticipated |
| 222 | future changes. |
| 223 | 11. The volume of registrations and service business |
| 224 | transacted by the existing dealer or dealers of the same line- |
| 225 | make in the relevant community or territory of the proposed |
| 226 | dealership. |
| 227 | (3) An existing franchised motor vehicle dealer or dealers |
| 228 | shall have standing to protest a proposed additional or |
| 229 | relocated motor vehicle dealer where the existing motor vehicle |
| 230 | dealer or dealers have a franchise agreement for the same line- |
| 231 | make vehicle to be sold or serviced by the proposed additional |
| 232 | or relocated motor vehicle dealer and are physically located so |
| 233 | as to meet or satisfy any of the following requirements or |
| 234 | conditions: |
| 235 | (a) If the proposed additional or relocated motor vehicle |
| 236 | dealer is to be located in a county with a population of less |
| 237 | than 300,000 according to the most recent data of the United |
| 238 | States Census Bureau or the data of the Bureau of Economic and |
| 239 | Business Research of the University of Florida: |
| 240 | 1. The proposed additional or relocated motor vehicle |
| 241 | dealer is to be located in the area designated or described as |
| 242 | the area of responsibility, or such similarly designated area, |
| 243 | including the entire area designated as a multiple-point area, |
| 244 | in the franchise agreement or in any related document or |
| 245 | commitment with the existing motor vehicle dealer or dealers of |
| 246 | the same line-make as such agreement existed upon October 1, |
| 247 | 1988; |
| 248 | 2. The existing motor vehicle dealer or dealers of the |
| 249 | same line-make have a licensed franchise location within a |
| 250 | radius of 20 miles of the location of the proposed additional or |
| 251 | relocated motor vehicle dealer; or |
| 252 | 3. Any existing motor vehicle dealer or dealers of the |
| 253 | same line-make can establish that, during any consecutive 12- |
| 254 | month period of the 36-month period preceding the month in which |
| 255 | the publication of the proposed additional or relocated |
| 256 | dealership appears in the Florida Administrative Weekly for the |
| 257 | filing of the licensee's application for the proposed additional |
| 258 | or relocated motor vehicle dealer, dealership, such dealer or |
| 259 | its predecessor made 25 percent of the its retail sales of new |
| 260 | motor vehicles made by such dealer or its predecessor were to |
| 261 | persons or entities that whose registered the purchased vehicle |
| 262 | to an address household addresses were located within a radius |
| 263 | of 20 miles of the geometric centroid of the property that will |
| 264 | encompass all location of the proposed additional or relocated |
| 265 | motor vehicle dealer operations; provided such existing dealer |
| 266 | is located in the same county or any county contiguous to the |
| 267 | county where the additional or relocated dealer is proposed to |
| 268 | be located. |
| 269 | (b) If the proposed additional or relocated motor vehicle |
| 270 | dealer is to be located in a county with a population of more |
| 271 | than 300,000 according to the most recent data of the United |
| 272 | States Census Bureau or the data of the Bureau of Economic and |
| 273 | Business Research of the University of Florida: |
| 274 | 1. Any existing motor vehicle dealer or dealers of the |
| 275 | same line-make have a licensed franchise location within a |
| 276 | radius of 12.5 miles of the location of the proposed additional |
| 277 | or relocated motor vehicle dealer; or |
| 278 | 2. Any existing motor vehicle dealer or dealers of the |
| 279 | same line-make can establish that, during any consecutive 12- |
| 280 | month period of the 36-month period preceding the month in which |
| 281 | the publication of the proposed additional or relocated |
| 282 | dealership appears in the Florida Administrative Weekly for the |
| 283 | filing of the licensee's application for the proposed additional |
| 284 | or relocated motor vehicle dealer, dealership, such dealer or |
| 285 | its predecessor made 25 percent of the its retail sales of new |
| 286 | motor vehicles made by such dealer or its predecessor were to |
| 287 | persons or entities that whose registered the purchased vehicle |
| 288 | to an address household addresses were located within a radius |
| 289 | of 12.5 miles of the geometric centroid of the property that |
| 290 | will encompass all location of the proposed additional or |
| 291 | relocated motor vehicle dealer operations; provided such |
| 292 | existing dealer is located in the same county or any county |
| 293 | contiguous to the county where the additional or relocated |
| 294 | dealer is proposed to be located. |
| 295 | (5)(a) The opening or reopening of the same or a successor |
| 296 | motor vehicle dealer within 12 months shall not be considered an |
| 297 | additional motor vehicle dealer subject to protest within the |
| 298 | meaning of this section, if: |
| 299 | 1.(a) The opening or reopening is within the same or an |
| 300 | adjacent county and, is within 2 miles of the former motor |
| 301 | vehicle dealer location;, |
| 302 | 2.(b) There is no dealer within 25 miles of the proposed |
| 303 | location or the proposed location is further from each existing |
| 304 | dealer of the same line-make than the prior location is from |
| 305 | each dealer of the same line-make within 25 miles of the new |
| 306 | location;, |
| 307 | 3.(c) The opening or reopening is within 6 miles of the |
| 308 | prior location and, if any existing motor vehicle dealer of the |
| 309 | same line-make is located within 15 miles of the former |
| 310 | location, the proposed location is no closer to any existing |
| 311 | dealer of the same line-make within 15 miles of the proposed |
| 312 | location;, or |
| 313 | 4.(d) The opening or reopening is within 6 miles of the |
| 314 | prior location and, if all existing motor vehicle dealers of the |
| 315 | same line-make are beyond 15 miles of the former location, the |
| 316 | proposed location is further than 15 miles from any existing |
| 317 | motor vehicle dealer of the same line-make. |
| 318 |
|
| 319 | Any other such opening or reopening shall constitute an |
| 320 | additional motor vehicle dealer within the meaning of this |
| 321 | section. |
| 322 | (b) If an opening or reopening is accomplished pursuant to |
| 323 | the terms of this subsection and therefore not considered an |
| 324 | additional motor vehicle dealer subject to protest, the licensee |
| 325 | shall not propose a motor vehicle dealer of the same line-make |
| 326 | that is to be located within 5 miles from the previous location |
| 327 | for a period of 5 years after the date of the exempt relocation. |
| 328 | (6) When a proposed addition or relocation concerns a |
| 329 | dealership that performs or is to perform only service, as |
| 330 | defined in s. 320.60(17)(16), and will not or does not sell or |
| 331 | lease new motor vehicles, as defined in s. 320.60(16)(15), the |
| 332 | proposal shall be subject to notice and protest pursuant to the |
| 333 | provisions of this section. |
| 334 | (a) Standing to protest the addition or relocation of a |
| 335 | service-only dealership shall be limited to those instances in |
| 336 | which the applicable mileage requirement established in |
| 337 | subparagraphs (3)(a)2. and (3)(b)1. is met. |
| 338 | (b) The addition or relocation of a service-only |
| 339 | dealership shall not be subject to protest if: |
| 340 | 1. The applicant for the service-only dealership location |
| 341 | is an existing motor vehicle dealer of the same line-make as the |
| 342 | proposed additional or relocated service-only dealership; |
| 343 | 2. There is no existing dealer of the same line-make |
| 344 | closer than the applicant to the proposed location of the |
| 345 | additional or relocated service-only dealership; and |
| 346 | 3. The proposed location of the additional or relocated |
| 347 | service-only dealership is at least 7 miles from all existing |
| 348 | motor vehicle dealerships of the same line-make, other than |
| 349 | motor vehicle dealerships owned by the applicant. |
| 350 | (c) In determining whether existing franchised motor |
| 351 | vehicle dealers are providing adequate representations in the |
| 352 | community or territory for the line-make in question in a |
| 353 | protest of the proposed addition or relocation of a service-only |
| 354 | dealership, the department may consider the elements set forth |
| 355 | in paragraph (2)(b), provided: |
| 356 | 1. With respect to subparagraph (2)(b)1., only the impact |
| 357 | as it relates to service may be considered; |
| 358 | 2. Subparagraph (2)(b)3. shall not be considered; |
| 359 | 3. With respect to subparagraph (2)(b)9., only service |
| 360 | facilities shall be considered; and |
| 361 | 4. With respect to subparagraph (2)(b)11., only the volume |
| 362 | of service business transacted shall be considered. |
| 363 | (d) If an application for a service-only dealership is |
| 364 | granted, the department shall issue a license which permits only |
| 365 | service, as defined in s. 320.60(17)(16), and does not permit |
| 366 | the selling or leasing of new motor vehicles, as defined in s. |
| 367 | 320.60(16)(15). If a service-only dealership subsequently seeks |
| 368 | to sell new motor vehicles at its location, the notice and |
| 369 | protest provisions of this section shall apply. |
| 370 | (7) All measurements required by this section of the |
| 371 | distance between existing motor vehicle dealer locations or |
| 372 | existing motor vehicle dealer locations and a proposed motor |
| 373 | vehicle dealer's location shall be taken from the geometric |
| 374 | centroid of the property that encompasses all of the existing or |
| 375 | proposed motor vehicle dealer operations. |
| 376 | Section 5. Subsection (5) of section 320.643, Florida |
| 377 | Statutes, is renumbered as subsection (6) and a new subsection |
| 378 | (5) is added to said section to read: |
| 379 | 320.643 Transfer, assignment, or sale of franchise |
| 380 | agreements.-- |
| 381 | (5) A transferee proposing to simultaneously relocate |
| 382 | motor vehicle dealership operations in conjunction with an asset |
| 383 | purchase pursuant to subsection (1) or an equity purchase |
| 384 | pursuant to subsection (2) shall not be required to comply with |
| 385 | the location requirements of the franchise agreement then in |
| 386 | effect and such a proposal shall be subject to this section if: |
| 387 | (a) The proposed relocation is a relocation exempt from |
| 388 | protest and not considered as an additional motor vehicle dealer |
| 389 | pursuant to the provisions of s. 320.642(5); and |
| 390 | (b) The proposed dealership's facility satisfies facility |
| 391 | requirements in effect between the licensee and the dealer |
| 392 | proposing the transfer at the time the transfer is proposed. |
| 393 | Section 6. Subsection (4) of section 320.645, Florida |
| 394 | Statutes, is amended to read: |
| 395 | 320.645 Restriction upon ownership of dealership by |
| 396 | licensee.-- |
| 397 | (4) Nothing in this chapter shall prohibit a distributor |
| 398 | as defined in s. 320.60(5) or common entity that is not a |
| 399 | manufacturer, a division of a manufacturer, an entity that is |
| 400 | controlled by a manufacturer, or a common entity of a |
| 401 | manufacturer, and that is not owned, in whole or in part, |
| 402 | directly or indirectly, by a manufacturer, as defined in s. |
| 403 | 320.60(10)(9), from receiving a license or licenses as defined |
| 404 | in s. 320.27 and owning and operating a motor vehicle dealership |
| 405 | or dealerships that sell or service motor vehicles other than |
| 406 | any line-make of motor vehicles distributed by the distributor. |
| 407 | Section 7. Subsection (3) is added to section 320.699, |
| 408 | Florida Statutes, to read: |
| 409 | 320.699 Administrative hearings and adjudications; |
| 410 | procedure.-- |
| 411 | (3) If a complaint is filed pursuant to s. 320.641, s. |
| 412 | 320.643, s. 320.644, or s. 320.696, a hearing shall be held not |
| 413 | sooner than 180 days nor later than 240 days after the date of |
| 414 | filing of the complaint unless the time is extended by the |
| 415 | administrative law judge for good cause shown. This subsection |
| 416 | shall govern the schedule of hearings for a complaint filed |
| 417 | pursuant to s. 320.641, s. 320.643, s. 320.644, or s. 320.696 in |
| 418 | lieu of any other provision of law with respect to an |
| 419 | administrative hearing conducted by the Department of Highway |
| 420 | Safety and Motor Vehicles or the Division of Administrative |
| 421 | Hearings, including performance standards of state agencies, |
| 422 | which may be included in current and future appropriations acts. |
| 423 | Section 8. Subsection (14) of section 681.102, Florida |
| 424 | Statutes, is amended to read: |
| 425 | 681.102 Definitions.--As used in this chapter, the term: |
| 426 | (14) "Manufacturer" means any person, whether a resident |
| 427 | or nonresident of this state, who manufactures or assembles |
| 428 | motor vehicles, or who manufactures or assembles chassis for |
| 429 | recreational vehicles, or who manufactures or installs on |
| 430 | previously assembled truck or recreational vehicle chassis |
| 431 | special bodies or equipment which, when installed, forms an |
| 432 | integral part of the motor vehicle, a distributor as defined in |
| 433 | s. 320.60(5), or an importer as defined in s. 320.60(8)(7). A |
| 434 | dealer as defined in s. 320.60(12)(11)(a) shall not be deemed to |
| 435 | be a manufacturer, distributor, or importer as provided in this |
| 436 | section. |
| 437 | Section 9. Section 681.113, Florida Statutes, is amended |
| 438 | to read: |
| 439 | 681.113 Dealer liability.--Except as provided in ss. |
| 440 | 681.103(3) and 681.114(2), nothing in this chapter imposes any |
| 441 | liability on a dealer as defined in s. 320.60(12)(11)(a) or |
| 442 | creates a cause of action by a consumer against a dealer, except |
| 443 | for written express warranties made by the dealer apart from the |
| 444 | manufacturer's warranties. A dealer may not be made a party |
| 445 | defendant in any action involving or relating to this chapter, |
| 446 | except as provided in this section. The manufacturer shall not |
| 447 | charge back or require reimbursement by the dealer for any |
| 448 | costs, including, but not limited to, any refunds or vehicle |
| 449 | replacements, incurred by the manufacturer arising out of this |
| 450 | chapter, in the absence of evidence that the related repairs had |
| 451 | been carried out by the dealer in a manner substantially |
| 452 | inconsistent with the manufacturer's published instructions. |
| 453 | Section 10. This act shall take effect July 1, 2005. |