Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for CS for SB 466 Ì471244ÉÎ471244 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) 3 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: 60 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.