Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 466
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                

       The Committee on Commerce and Tourism (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 76 - 135
    4  and insert:
    5  licensee or an authorized governmental agency, including recalls
    6  issued prior to July 1, 2017, regardless of whether the vehicle
    7  is identified by its vehicle identification number;
    8         (c) That is held by the motor vehicle dealer in the
    9  dealer’s inventory at the time the recall notice is issued or
   10  that is taken by the motor vehicle dealer into the dealer’s
   11  inventory after the recall notice as a result of a trade-in,
   12  lease return, or otherwise;
   13         (d)That cannot be repaired due to the unavailability,
   14  within 30 days after issuance of the recall notice, of remedy or
   15  parts necessary for the motor vehicle dealer to make the recall
   16  repair; and
   17         (e) For which the licensee has not issued a written
   18  statement to the motor vehicle dealer indicating that the used
   19  motor vehicle may be sold or delivered to a retail customer
   20  before completion of the recall repair.
   21         (2) The licensee shall pay the required compensation within
   22  30 days after the motor vehicle dealer’s application for
   23  payment. Applications for compensation payments must be
   24  submitted monthly, as necessary, through the licensee’s existing
   25  warranty application system or another system or process
   26  established by the licensee which is not unduly burdensome or
   27  which does not require information unnecessary for the payment.
   28         (3) Compensation under this section must be the greater of:
   29         (a) Payment at a rate of at least 1.75 percent per month of
   30  the motor vehicle value, as determined by the average Black Book
   31  value of the corresponding model year vehicle of average
   32  condition, of each eligible used motor vehicle in the motor
   33  vehicle dealer’s inventory for each month that the dealer does
   34  not receive a remedy or parts to complete the required repair.
   35  Such payment must be prorated for any period less than a month
   36  based on the number of days during the month each eligible used
   37  motor vehicle is in the motor vehicle dealer’s inventory.
   38  Payments shall be calculated from the date the recall was issued
   39  or the vehicle was acquired, whichever is later.
   40         (b) Payment under a national program applicable to all
   41  motor vehicle dealers holding a franchise agreement with the
   42  licensee for the motor vehicle dealer’s costs associated with
   43  holding the eligible used motor vehicles.
   44         (4) For purposes of this section, a licensee does not
   45  include a motorcycle manufacturer, distributor, or importer.
   46         Section 3. For the purpose of incorporating the amendment
   47  made by this act to section 320.64, Florida Statutes, and
   48  section 320.6407, Florida Statutes, as created by this act, in
   49  references thereto, section 320.6992, Florida Statutes, is
   50  reenacted to read:
   51         320.6992 Application.—Sections 320.60-320.70, including
   52  amendments to ss. 320.60-320.70, apply to all presently existing
   53  or hereafter established systems of distribution of motor
   54  vehicles in this state, except to the extent that such
   55  application would impair valid contractual agreements in
   56  violation of the State Constitution or Federal Constitution.
   57  Sections 320.60-320.70 do not apply to any judicial or
   58  administrative proceeding pending as of October 1, 1988. All
   59  agreements renewed, amended, or entered into subsequent to
   60  October 1, 1988, shall be governed by ss. 320.60-320.70,
   61  including any amendments to ss. 320.60-320.70 which have been or
   62  may be from time to time adopted, unless the amendment
   63  specifically provides otherwise, and except to the extent that
   64  such application would impair valid contractual agreements in
   65  violation of the State Constitution or Federal Constitution.
   66         Section 4. This act shall take effect July 1, 2017.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete lines 12 - 21
   71  and insert:
   72         specified circumstances; providing retroactive
   73         applicability; requiring the manufacturer, factory
   74         branch, distributor, or importer to pay the
   75         compensation within a specified timeframe after the
   76         motor vehicle dealer’s application for payment;
   77         requiring such applications to be submitted monthly,
   78         as necessary, through the manufacturer’s, factory
   79         branch’s, distributor’s, or importer’s warranty
   80         application system or certain other system or process;
   81         providing for calculation of the amount of
   82         compensation; providing applicability; reenacting s.
   83         320.6992, F.S., relating