Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 466
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2017           .                                

       The Committee on Rules (Hutson) recommended the following:
    1         Senate Substitute for Amendment (975552) (with title
    2  amendment)
    4         Delete lines 74 - 122
    5  and insert:
    6         (a)That is of the same make and model manufactured,
    7  imported, or distributed by the licensee;
    8         (b)That is subject to a recall notice issued by the
    9  licensee or an authorized governmental agency, including a
   10  recall notice issued before July 1, 2017, regardless of whether
   11  the vehicle is identified by its vehicle identification number;
   12         (c)That is held by the motor vehicle dealer in the
   13  dealer’s inventory at the time the recall notice is issued or
   14  that is taken by the motor vehicle dealer into the dealer’s
   15  inventory after the recall notice as a result of a retail
   16  consumer trade-in or a lease return to the dealer inventory in
   17  accordance with an applicable lease contract;
   18         (d)That cannot be repaired due to the unavailability,
   19  within 30 days after issuance of the recall notice, of a remedy
   20  or parts necessary for the motor vehicle dealer to make the
   21  recall repair; and
   22         (e)For which the licensee has not issued a written
   23  statement to the motor vehicle dealer indicating that the used
   24  motor vehicle may be sold or delivered to a retail customer
   25  before completion of the recall repair. The purpose of such
   26  written statement is to provide notice to the motor vehicle
   27  dealer that the vehicle may be sold or delivered based solely on
   28  the specific recall notice and is not intended to address any
   29  other aspect of the vehicle unrelated to the recall notice.
   30         (2)The licensee shall pay the required compensation within
   31  30 days after the motor vehicle dealer’s application for
   32  payment. Applications for payment must be submitted monthly, as
   33  necessary, through the licensee’s existing warranty application
   34  system or another system or process established by the licensee
   35  which is not unduly burdensome or which does not require
   36  information unnecessary for the payment.
   37         (3)Compensation under this section must be the greater of:
   38         (a)Payment at a rate of at least 1.5 percent per month of
   39  the motor vehicle value, as determined by the average Black Book
   40  value of the corresponding model year vehicle of average
   41  condition, of each eligible used motor vehicle in the motor
   42  vehicle dealer’s inventory for each month that the dealer does
   43  not receive a remedy and parts to complete the required recall
   44  repair. Such payment must be prorated for any period less than 1
   45  month based on the number of days during the month each eligible
   46  used motor vehicle is in the motor vehicle dealer’s inventory.
   47  Payment shall be calculated from the 31st day after the recall
   48  was issued, the 31st day after the vehicle was acquired, or July
   49  1, 2017, whichever is latest.
   50         (b)Payment under a national program applicable to all
   51  motor vehicle dealers holding a franchise agreement with the
   52  licensee for the motor vehicle dealer’s costs associated with
   53  holding the eligible used motor vehicles.
   54         (4)For purposes of this section, a licensee does not
   55  include a motorcycle manufacturer, distributor, or importer.
   56         Section 3. For the purpose of incorporating section
   57  320.6407, Florida Statutes, as created by this act, in
   58  references thereto, section 320.6992, Florida Statutes, is
   59  reenacted to read:
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 13 - 28
   64  and insert:
   65         applicability; specifying the purpose of a certain
   66         written statement; requiring the manufacturer, factory
   67         branch, distributor, or importer to pay the
   68         compensation within a specified timeframe after the
   69         motor vehicle dealer’s application for payment;
   70         requiring such applications to be submitted monthly,
   71         as necessary, through the manufacturer’s, factory
   72         branch’s, distributor’s, or importer’s warranty
   73         application system or certain other system or process;
   74         providing for calculation of the amount of
   75         compensation; providing applicability; reenacting s.
   76         320.6992, F.S., relating to applicability of specified
   77         provisions to systems of distribution of motor
   78         vehicles in this state, to incorporate s. 320.6407,
   79         F.S., as created by the act, in references thereto;
   80         providing an effective date.