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Status: Withdrawn prior to introduction (as of 2021-02-26)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

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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

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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

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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

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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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