Florida HB 989: Health Planning and Data
Status: Withdrawn prior to introduction (as of 2021-02-26)
State: Florida · Session: 2021 · Bill: HB 989
Subjects: subject index
Sponsors: Duran
Bill Text
CS/HB 989 2026 CODING: Words stricken are deletions; words underlined are additions. hb989-01-c1 Page 1 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to motor vehicle manufacturers, 2 importers, and distributors and franchised motor 3 vehicle dealers; amending s. 320.64, F.S.; authorizing 4 a licensee to reject the ownership succession of a 5 motor vehicle dealer if such succession will cause 6 violation of certain provisions; clarifying what motor 7 vehicles a licensee must repurchase from a motor 8 vehicle dealer upon termination of a franchise 9 agreement; providing that a licensee who distributes 10 1,000 or more motor vehicles of a particular line-make 11 to motor vehicle dealers in this state during any 12-12 month period must have established a network of at 13 least three independent motor vehicle dealers in this 14 state; providing applicability; amending s. 320.643, 15 F.S.; authorizing a licensee to reject a proposed 16 change in ownership if such change would cause 17 violation of certain provisions; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (16) and paragraph (a) of subsection 23 (36) of section 320.64, Florida Statutes, are amended, and 24 subsection (44) is added to that section, to read: 25 CS/HB 989 2026 CODING: Words stricken are deletions; words underlined are additions. hb989-01-c1 Page 2 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 320.64 Denial, suspension, or revocation of license; 26 grounds.—A license of a licensee under s. 320.61 may be denied, 27 suspended, or revoked within the entire state or at any specific 28 location or locations within the state at which the applicant or 29 licensee engages or proposes to engage in business, upon proof 30 that the section was violated with sufficient frequency to 31 establish a pattern of wrongdoing, and a licensee or applicant 32 shall be liable for claims and remedies provided in ss. 320.695 33 and 320.697 for any violation of any of the following 34 provisions. A licensee is prohibited from committing the 35 following acts: 36 (16)(a) Notwithstanding the terms of any franchise 37 agreement, the applicant or licensee prevents or refuses to 38 accept the succession to any interest in a franchise agreement 39 by any legal heir or devisee under the will of a motor vehicle 40 dealer or under the laws of descent and distribution of this 41 state; provided, the applicant or licensee is not required to 42 accept a succession: 43 1. When where such heir or devisee does not meet 44 licensee's written, reasonable, and uniformly applied minimal 45 standard qualifications for dealer applicants; 46 2. or Which, after notice and administrative hearing 47 pursuant to chapter 120, is demonstrated to be detrimental to 48 the public interest or to the representation of the applicant or 49 licensee; or 50 CS/HB 989 2026 CODING: Words stricken are deletions; words underlined are additions. hb989-01-c1 Page 3 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. When the direct result of such succession will cause 51 the applicant or licensee to be in violation of subsection (44). 52 (b) Nothing in this subsection contained herein, however, 53 shall prevent a motor vehicle dealer, during his or her 54 lifetime, from designating any person as his or her successor in 55 interest by written instrument filed with and accepted by the 56 applicant or licensee. A licensee who rejects the successor 57 transferee under this subsection shall have the burden of 58 establishing in any proceeding where such rejection is in issue 59 that the rejection of the successor transferee complies with 60 this subsection. 61 (36)(a) Notwithstanding the terms of any franchise 62 agreement, in addition to any other statutory or contractual 63 rights of recovery after the voluntary or involuntary 64 termination, cancellation, or nonrenewal of a franchise, failing 65 to pay the motor vehicle dealer, as provided in paragraph (d), 66 the following amounts: 67 1. The net cost paid by the dealer for each new motor 68 vehicle other than motorcycles car or truck in the dealer's 69 inventory with mileage of 2,000 miles or less, or each new a 70 motorcycle in the dealer's inventory with mileage of 100 miles 71 or less, exclusive of mileage placed on the motor vehicle before 72 it was delivered to the dealer. 73 2. The current price charged for each new, unused, 74 undamaged, or unsold part or accessory that: 75 CS/HB 989 2026 CODING: Words stricken are deletions; words underlined are additions. hb989-01-c1 Page 4 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a. Is in the current parts catalog and is still in the 76 original, resalable merchandising package and in an unbroken 77 lot, except that sheet metal may be in a comparable substitute 78 for the original package; and 79 b. Was purchased by the
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