Florida 2023 Regular Session Status: In Committee 2 R cosponsors

SB 712 — Motor Vehicle Sales

Last action — Laid on Table, companion bill(s) passed, see CS/CS/HB 637 (Ch. 2023-233)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Motor Vehicle Sales; Prohibiting an applicant or a licensee from certain actions in the allocation or distribution of motor vehicles to franchised motor vehicle dealers; prohibiting applicants and licensees from engaging in certain activities; revising provisions prohibiting specified entities from owning, operating, or controlling a motor vehicle dealership in this state; requiring the Department of Highway Safety and Motor Vehicles to conduct an inquiry relating to certain written complaints, etc.

Bill Text

What changed in the latest version

471 added · 450 removed

471 line(s) added, 450 removed.

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Florida Senate - 2023 CS for CS for SB 712 By the Committees on Commerce and Tourism;
Florida Senate - 2023 CS for SB 712 By the Committee on Transportation;
and Transportation;
and Senators Avila and Garcia 596-02773-23 2023712c1 A bill to be entitled An act relating to motor vehicle sales;
and Senators Avila and Garcia 577-03494-23 2023712c2 A bill to be entitled An act relating to motor vehicle sales;
prohibiting applicants and licensees from engaging in certain activities;
prohibiting applicants and licensees from engaging in certain activities of motor vehicle dealers;
authorizing an applicant or a licensee, or a common entity thereof, to sell or activate certain motor vehicle features or improvements through remote electronic transmission;
authorizing an applicant, a licensee, or their common entity to sell or activate certain motor vehicle accessories or features through remote electronic transmission;
providing for a payment of the percentage of such sale or activation to a motor vehicle dealer;
providing for revenue-sharing regarding such sale or activation;
providing for the calculation of the dealer margin structure;
requiring certain payments to be made within a certain timeframe;
conforming cross-references;
conforming cross- references;
providing that a motor vehicle dealer association has standing to intervene under certain circumstances;
conforming cross- references;
conforming cross- Page 1 of 16 CODING:
prohibiting a distributor or affiliate thereof from receiving a certain license under certain Page 1 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 circumstances;
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 references;
requiring the department to commence the inquiry within a certain timeframe;
requiring the department to commence the inquiry by a certain timeframe;
authorizing a motor vehicle dealer association to file an administrative action regarding such complaint in certain circumstances;
Present subsections (8), (9), (10), (11), (12), (13), (14), (15), and (16) of section 320.60, Florida Statutes, are redesignated as subsections (9), (11), (12), (13), (15), (18), (10), (16), and (17), respectively, new subsections (8) and (14) are added to that section, and subsection (2) and present subsection (15) of that section are amended, to read:
Present subsections (8), (9), (10), (11), (12), (13), (14), (15), and (16) of section 320.60, Florida Statutes, are redesignated as subsections (9), (11), (12), (13), (15), (18), (10), (16), and (17), respectively, new subsections (8) and (13) are added to that section, and subsection (2) and present subsection (15) of that section are amended, to read:
(2) “Common entity” means a person:
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(a) Who is directly or indirectly either controlled by or has more than 30 percent of its equity interest directly or Page 2 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 indirectly owned, beneficially or of record, through any form of ownership structure, by a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof;
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 (2) “Common entity” means a person:
or (b) Who has more than 30 percent of its equity interest directly or indirectly controlled or owned, beneficially or of record, through any form of ownership structure, by one or more persons who also directly or indirectly control or own, beneficially or of record, more than 30 40 percent of the voting equity interests of a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof;
(a) Who is directly or indirectly either controlled by or has more than 30 percent of its equity interest directly or indirectly owned, beneficially or of record, through any form of ownership structure, by a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof.
(b) Who has more than 30 percent of its equity interest directly or indirectly controlled or owned, beneficially or of record, through any form of ownership structure, by one or more persons who also directly or indirectly control or own, beneficially or of record, more than 30 40 percent of the voting equity interests of a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof;
(c) Notwithstanding paragraphs (a) and (b), an entity that would otherwise be considered a common entity of a distributor under paragraph (a) or paragraph (b) because of its relation to a distributor is not considered a common entity of that distributor if:
(c) Notwithstanding the foregoing, an entity that would otherwise be considered a common entity of a distributor under paragraph (a) or paragraph (b) because of its relation to a distributor is not considered a common entity of that distributor if:
(8) “Independent person” means a person who is not an agent, a parent, a subsidiary, a common entity, an officer, a director, or an employed representative of a licensee, manufacturer, importer, or distributor.
(8) “Independent person” means a person who is not an agent, parent, subsidiary, common entity, officer, director, or Page 3 of 16 CODING:
(14) “Motor vehicle dealer association” means a not-for- Page 3 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 profit entity organized under the laws of this state and qualified as tax-exempt under s.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 employee of the licensee or an employed representative of a licensee, manufacturer, importer, or distributor.
(14) “Motor vehicle dealer association” means a not-for- profit entity organized under the laws of this state and qualified as tax-exempt under s.
(a) Accepting a deposit or receiving a payment for the retail purchase, lease, or other use of a motor vehicle, but does not include facilitating a motor vehicle dealer’s acceptance of a deposit or receipt of a payment from a consumer, and does not include receiving payment under a retail installment sale contract;
(a) Accepting a deposit or receiving a payment for the purchase, lease, or other use of a motor vehicle, but does not include facilitating a motor vehicle dealer’s acceptance or a deposit or receipt of a payment from a consumer;
(c) Setting the retail price for the purchase, lease, or other use of a motor vehicle, but does not include setting a manufacturer’s suggested retail price;
(c) Setting the retail price for the purchase, lease, or other use of a motor vehicle;
(d) Offering or negotiating with a retail consumer terms for the purchase, lease, or other use of a motor vehicle;
(d) Offering or negotiating with a retail consumer terms for the purchase, lease, financing, or other use of a motor vehicle;
(e) Offering or negotiating with a retail consumer a value for a motor vehicle being traded in as part of the purchase, lease, or other use of a motor vehicle, but does not include a website or other means of electronic communication that identifies to a consumer a conditional trade-in value and that contains language informing the consumer that the trade-in value is not binding on any motor vehicle dealer;
(e) Offering or negotiating with a retail consumer a value for a motor vehicle being traded in as part of the purchase, lease, or other use of a motor vehicle, but does not include a website or other means of electronic communication that identifies to a consumer a conditional trade-in value and that contains language informing the consumer that the trade-in value Page 4 of 16 CODING:
Page 4 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 (f) Any transaction where the title of a motor vehicle or a used motor vehicle is transferred to a retail consumer;
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 is not binding on any motor vehicle dealer;
or, and also (g) Any retail lease transaction where a retail consumer customer leases a vehicle for a period of at least 12 months, but does not include administering lease agreements, taking assignments of leases, performing required actions pursuant to such leases, or receiving payments under a lease agreement that was originated by a motor vehicle dealer.
(f) Offering or negotiating with a retail consumer any service contract, extended warranty, vehicle maintenance contract, guaranteed asset protection agreement, or any other vehicle-related products or services in connection with the purchase or lease of a motor vehicle;
(g) Any transaction where the title of a motor vehicle or a used motor vehicle is transferred to a retail consumer;
or, and also (h) Any retail lease transaction where a retail consumer customer leases a vehicle for a period of at least 12 months, but does not include administering lease agreements, taking assignments of leases, performing required actions pursuant to such leases, or receiving payments under a lease agreement that was originated by a motor vehicle dealer.
Sections 320.61-320.70 are intended to apply solely to the licensing of manufacturers, factory branches, distributors, and importers and do not apply to non-motor- vehicle-related businesses.
Sections 320.61-320.70 are intended to apply solely to the licensing of motor vehicle dealers and manufacturers and do not apply to non-motor-vehicle-related businesses.
Section 3.
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Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 Section 3.
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320.61 may be denied, suspended, or revoked within the entire state or at any specific location or locations within the state at which the applicant or Page 5 of 16 CODING:
320.61 may be denied, suspended, or revoked within the entire state or at any specific location or locations within the state at which the applicant or licensee engages or proposes to engage in business, upon proof that the section was violated with sufficient frequency to establish a pattern of wrongdoing, and a licensee or applicant shall be liable for claims and remedies provided in ss.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 licensee engages or proposes to engage in business, upon proof that the section was violated with sufficient frequency to establish a pattern of wrongdoing, and a licensee or applicant shall be liable for claims and remedies provided in ss.
(d) Requires or incentivizes motor vehicle dealers to sell or lease a motor vehicle at a specified price or profit margin or restricts the price at which a motor vehicle dealer may sell or lease a motor vehicle;
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or (e) Is, or which otherwise is unfair, inequitable, unreasonably discriminatory, or not supportable by reason and Page 6 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 good cause after considering the equities of the affected motor vehicles dealer or dealers.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 (d) Requires or incentivizes motor vehicle dealers to sell or lease a motor vehicle at a specified price or profit margin or restricts the price at which a motor vehicle dealer may sell or lease a motor vehicle;
As used in this paragraph, the term “unfair” includes, but is not limited to, refusing or failing to offer to any dealer an equitable supply of new vehicles under its franchise, by model, mix, or color, as the licensee offers or allocates to its other same line-make dealers in this state or using the number of motor vehicles preordered or reserved by consumers as a factor in determining the allocation of motor vehicles to motor vehicle dealers.
or (e) Is, or which otherwise is unfair, inequitable, unreasonably discriminatory, or not supportable by reason and good cause after considering the equities of the affected motor vehicles dealer or dealers.
As used in this paragraph, “unfair” includes, but is not limited to, refusing or failing to offer to any dealer an equitable supply of new vehicles under its franchise, by model, mix, or color, as the licensee offers or allocates to its other same line-make dealers in this state or using the number of motor vehicles preordered or reserved by consumers as a factor in determining the allocation of motor vehicles to motor vehicle dealers.
320.60(13)(a) or any activities described in s.
320.60 or has competed or is competing with respect to any activity covered by the franchise agreement with a motor vehicle dealer Page 7 of 16 CODING:
320.60(16) or has competed or is competing with respect to any activity covered by the franchise agreement with a motor vehicle dealer of the same line-make located in this state with whom the applicant or licensee has entered into a franchise agreement, except as permitted in s.
320.645 or in subsection (24) with respect to the remote electronic transmission of a permanent or temporary feature or improvement of a motor vehicle.
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Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 (24) The applicant or licensee, or common entity thereof, has sold or leased a motor vehicle to any retail consumer in this state, or has sold or activated for a fee to any retail consumer in the state any permanent or temporary motor vehicle feature or improvement that functions through hardware or components installed on the motor vehicle, except through a motor vehicle dealer properly licensed pursuant to s.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 of the same line-make located in this state with whom the applicant or licensee has entered into a franchise agreement, except as permitted in s.
320.645 or in subsection (24) with respect to the remote electronic transmission of a motor vehicle accessory, option, add-on, feature, improvement, or upgrade.
(24) The applicant or licensee, or common entity thereof, has sold or leased a motor vehicle of a line-make to any retail consumer in this state, or has sold or activated for a fee any permanent or temporary motor vehicle accessory, option, add-on, feature, improvement, or upgrade to any retail consumer in the state, except through a motor vehicle dealer properly licensed pursuant to s.
Notwithstanding this subsection, an applicant or a licensee, or a common entity thereof, may sell or activate for a fee a permanent or temporary motor vehicle feature or improvement to a retail consumer in this state only if the feature or improvement is provided directly to the motor vehicle through remote electronic transmission, provided that if such motor vehicle was sold or leased as new by a motor vehicle dealer in this state within the 3-year period preceding such remote electronic transmission, the applicant or licensee must pay such motor vehicle dealer a minimum of 8 percent of the payment received by the applicant, licensee, or common entity from the sale of the feature or improvement.
Notwithstanding this subsection, an applicant, a licensee, or their common entity may sell or activate for a fee a permanent or temporary motor vehicle accessory, option, add-on, feature, improvement, or upgrade for a motor vehicle of a line-make manufactured, imported, or distributed by the applicant or licensee and registered in this state only if the accessory, option, add-on, feature, improvement, or upgrade is provided directly to the motor vehicle through remote electronic transmission, provided that if such motor vehicle was sold or leased as new by a Florida-franchised motor vehicle dealer within the 3-year period preceding such remote electronic transmission, the applicant or licensee must pay the Florida-franchised motor vehicle dealer a percentage of the gross sale price for the accessory, option, add-on, feature, improvement, or upgrade which is at least commensurate with the dealer margin structure established by the applicant or licensee for the sale of the vehicle to which the Page 8 of 16 CODING:
As used in this subsection, the term “feature or improvement” includes the activation or use of motor vehicle components or hardware, but does not include services that require the transmission of data or information to or from the motor vehicle while the service is being used.
Payments required under this subsection must be made within 30 days after the date of sale of the feature or improvement.
This subsection section does not apply to sales by the applicant or licensee of motor vehicles to its current employees, employees of companies affiliated by common Page 8 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 ownership, charitable not-for-profit organizations, and the Federal Government.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 accessory, option, add-on, feature, improvement, or upgrade was remotely transmitted.
As used in this subsection, the dealer margin structure is calculated by the applicant or licensee subtracting the invoiced vehicle wholesale price from the manufacturer’s suggested retail price, then adding to that figure all monetary per vehicle incentives offered by the applicant or licensee whether or not received by the motor vehicle dealer, and then dividing that sum by the invoiced vehicle wholesale price.
This subsection section does not apply to sales by the applicant or licensee of motor vehicles to its current employees, employees of companies affiliated by common ownership, charitable not-for-profit organizations, and the Federal Government.
320.60(15), the proposal shall be subject to notice and protest pursuant to the provisions of this section.
320.60(15), the proposal shall be subject to notice and protest Page 9 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 pursuant to the provisions of this section.
There is no existing dealer of the same line-make closer Page 9 of 16 CODING:
There is no existing dealer of the same line-make closer than the applicant to the proposed location of the additional or relocated service-only dealership;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 than the applicant to the proposed location of the additional or relocated service-only dealership;
With respect to subparagraph (2)(b)11., only the volume of service business transacted shall be considered.
With respect to subparagraph (2)(b)11., only the volume Page 10 of 16 CODING:
(d) If an application for a service-only dealership is granted, the department must shall issue a license which permits only service, as defined in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 of service business transacted shall be considered.
(d) If an application for a service-only dealership is granted, the department shall issue a license which permits only service, as defined in s.
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320.645 Restriction upon ownership of dealership by licensee.— (1) A No licensee, manufacturer, importer, or distributor, manufacturer, or agent of the licensee, a manufacturer, importer, or distributor, or any parent, subsidiary, common entity, or officer, or employed representative of the licensee, manufacturer, importer, or distributor may not directly or indirectly shall own, or operate, or control, by contract, agreement, or otherwise either directly or indirectly, a motor vehicle dealership for any line-make in this state if the licensee, manufacturer, importer, or distributor has manufactured, imported, or distributed for the sale or service of motor vehicles of any line-make which have been or are offered for sale under a franchise agreement with a motor vehicle dealer in this state with an independent person.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 320.645 Restriction upon ownership of dealership by licensee.— (1) A No licensee, manufacturer, importer, or distributor, manufacturer, or agent of the licensee, a manufacturer, importer, or distributor, or any parent, subsidiary, common entity, or officer, or employed representative of the licensee, manufacturer, importer, or distributor, may not directly or indirectly shall own, or operate, or control, by contract, agreement, or otherwise either directly or indirectly, a motor vehicle dealership for any line-make in this state if the licensee, manufacturer, importer, or distributor has manufactured, imported, or distributed for the sale or service of motor vehicles of any line-make which have been or are offered for sale under a franchise agreement with a motor vehicle dealer in this state with an independent person.
Any person prohibited by this section from owning, operating, or controlling a motor vehicle dealership.
Any person prohibited by Page 11 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 this section from owning, operating, or controlling a motor vehicle dealership.
(b) When operating a motor vehicle dealership temporarily for a reasonable period for the exclusive purpose of broadening the diversity of its dealer body and enhancing opportunities for Page 11 of 16 CODING:
(b) When operating a motor vehicle dealership temporarily for a reasonable period for the exclusive purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group that has historically been underrepresented in its dealer body, or for other qualified persons who the licensee deems lack the resources to purchase or capitalize the dealership outright, in a bona fide relationship with an independent person, other than a licensee or its agent or affiliate, who has made a significant investment that is subject to loss in the dealership within the dealership’s first year of operation and who can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 qualified persons who are part of a group that has historically been underrepresented in its dealer body, or for other qualified persons who the licensee deems lack the resources to purchase or capitalize the dealership outright, in a bona fide relationship with an independent person, other than a licensee or its agent or affiliate, who has made a significant investment that is subject to loss in the dealership within the dealership’s first year of operation and who can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions;
This paragraph applies only if the motor vehicle dealership at issue sells motor vehicles of a line-make that, at the time of the hearing, is offered for sale by at least one other existing motor vehicle dealership not owned, operated, or controlled by the licensee, an officer or employed representative of the licensee, a parent, subsidiary, or common entity of the licensee, or a manufacturer, importer, or distributor.
This paragraph shall apply only if the motor vehicle dealership at issue sells motor vehicles of a line-make that, at the time of the hearing, is offered for sale by at least one other existing motor vehicle Page 12 of 16 CODING:
In the any such case of a, the licensee must continue to make the motor vehicle dealership owned or operated pursuant to paragraph (a), paragraph (b), or paragraph (c), the dealership must be continually made available for sale to an independent person at a fair and reasonable price.
Approval of the sale of such a motor vehicle dealership to a proposed motor vehicle Page 12 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 dealer shall not be unreasonably withheld.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 dealership not owned, operated, or controlled by the licensee, an officer or employed representative of the licensee, a parent, subsidiary, or common entity of the licensee, or a manufacturer, importer, or distributor.
A motor vehicle dealer association has standing to intervene in any hearing held pursuant to this subsection.
In the any such case of a, the licensee must continue to make the motor vehicle dealership owned or operated pursuant to paragraph (a), paragraph (b), or paragraph (c), the dealership must be continually made available for sale to an independent person at a fair and reasonable price.
Approval of the sale of such a motor vehicle dealership to a proposed motor vehicle dealer shall not be unreasonably withheld.
320.60(5) or an affiliate thereof which common entity that is not a manufacturer or importer, a division of a manufacturer or importer, an entity that is controlled by a manufacturer or importer, or a common entity of a manufacturer or importer, and that is not owned, in whole or in part, directly or indirectly, by a manufacturer or importer, as defined in s.
320.60(5) or common entity an affiliate thereof that is not a manufacturer or importer, a division of a manufacturer or importer, an entity that is controlled by a manufacturer or importer, or a common entity of a manufacturer or importer, and that is not owned, in whole or in part, directly or indirectly, by a manufacturer or importer, as defined in s.
A distributor or an affiliate thereof may not receive a license pursuant to s.
Neither a distributor nor an Page 13 of 16 CODING:
320.27 for a motor vehicle dealership, or own or operate a motor vehicle dealership, that sells or services motor vehicles of the line- make of motor vehicles distributed by the distributor.
Section 6.
Section 320.67, Florida Statutes, is amended to read:
320.67 Inquiry and inspection of books or other documents of licensee.— (1) The department shall conduct an inquiry of a licensee may inspect the pertinent books, records, letters, and contracts of a licensee relating to any written complaint alleging a violation of ss.
320.61-320.70 made to it against such licensee made by a motor vehicle dealer with a current franchise Page 13 of 16 CODING:
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 agreement issued by the licensee, or a motor vehicle dealer association with at least one member with a current franchise agreement issued by the licensee.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 affiliate thereof may receive a license pursuant to s.
320.27 for a motor vehicle dealership, or own or operate a motor vehicle dealership, that sells or services motor vehicles of the line-make of motor vehicles distributed by the distributor.
Section 6.
Section 320.67, Florida Statutes, is amended to read:
320.67 Inquiry and inspection of books or other documents of licensee.— (1) The department shall conduct an inquiry of a licensee may inspect the pertinent books, records, letters, and contracts of a licensee relating to any written complaint alleging a violation of any provision of ss.
320.60-320.70 made to it against such licensee made by a motor vehicle dealer with a current franchise agreement issued by the licensee, or a motor vehicle dealer association with at least one member with a current franchise agreement issued by the licensee.
The department may allow the licensee that is the subject of the complaint no more than 60 days after commencement of the inquiry to provide a written response.
The department may allow the licensee that is the subject of the complaint no more than 60 days from commencement of the inquiry to provide a written response.
Within 30 days after the deadline for a written response by the licensee, the department shall provide a written response to the complainant stating whether the department intends to take action against the licensee under subsection (3) and, if so, what action the department intends to take.
Within 30 days after the deadline for a written response by the licensee, the department must Page 14 of 16 CODING:
Words stricken are deletions;
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Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 provide a written response to the complainant stating whether the department intends to take action against the licensee under subsection (3) and, if so, what action the department intends to take.
320.61-320.70, the department must take appropriate action against the licensee, which may include license suspension or revocation;
320.60-320.70, the department must take appropriate action against the licensee, which may include license suspension or revocation;
or instituting a civil action for issuance of an injunction Page 14 of 16 CODING:
or instituting a civil action for issuance of an injunction pursuant to s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 pursuant to s.
(4) This section does not alter or affect the rights of a motor vehicle dealer to bring a claim or action against a licensee pursuant to any other provision of ss.
(4) If the complainant is a motor vehicle dealer association and the department’s inquiry determines that a licensee has violated ss.
320.60-320.70, the motor vehicle dealer association may seek a declaration and adjudication that the alleged conduct of the licensee violated ss.
320.60-320.70 by filing with the department a request for a proceeding and an administrative hearing which conforms substantially with the requirements of ss.
120.569 and 120.57.
(5) This section does not alter or affect the rights of a motor vehicle dealer to bring a claim or action against a licensee pursuant to any other provision of ss.
(13) “Manufacturer” means any person, whether a resident or nonresident of this state, who manufactures or assembles motor vehicles, or who manufactures or assembles chassis for recreational vehicles, or who manufactures or installs on previously assembled truck or recreational vehicle chassis special bodies or equipment which, when installed, forms an integral part of the motor vehicle, or a distributor or an importer as those terms are defined in s.
(13) “Manufacturer” means any person, whether a resident or Page 15 of 16 CODING:
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words underlined are additions.
Florida Senate - 2023 CS for SB 712 596-02773-23 2023712c1 nonresident of this state, who manufactures or assembles motor vehicles, or who manufactures or assembles chassis for recreational vehicles, or who manufactures or installs on previously assembled truck or recreational vehicle chassis special bodies or equipment which, when installed, forms an integral part of the motor vehicle, or a distributor or an importer as those terms are defined in s.
320.60 may not s.
320.60 s.
The manufacturer Page 15 of 16 CODING:
The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter, in the absence of evidence that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer’s published instructions.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for CS for SB 712 577-03494-23 2023712c2 shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter, in the absence of evidence that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer’s published instructions.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/HB 637 (Ch. 2023-233)

  2. Substituted CS/CS/HB 637

  3. Read 2nd time

  4. Placed on Special Order Calendar, 05/02/23

  5. CS/CS/CS by Rules read 1st time

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS/CS by- Rules; YEAS 19 NAYS 0

  9. On Committee agenda-- Rules, 04/24/23, 1:00 pm, 412 Knott Building

  10. CS/CS by Commerce and Tourism read 1st time

  11. Now in Rules

  12. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  13. CS/CS by Commerce and Tourism; YEAS 8 NAYS 0

  14. On Committee agenda-- Commerce and Tourism, 04/04/23, 8:30 am, 110 Senate Building

  15. CS by Transportation read 1st time

  16. Now in Commerce and Tourism

  17. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  18. CS by Transportation; YEAS 9 NAYS 1

  19. On Committee agenda-- Transportation, 03/20/23, 12:30 pm, 110 Senate Building

  20. Introduced

  21. Referred to Transportation; Commerce and Tourism; Rules

  22. Filed

Sponsors

  • Transportation · Primary
  • Commerce and Tourism · Primary
  • Rules · Primary
  • Vacant · Primary
  • Ileana Garcia · Cosponsor

Sponsorship breakdown

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4 sponsors · 1 co-sponsors · 159 not signed on · 1 voted No

Sponsors (4)

  • Transportation
  • Commerce and Tourism
  • Rules
  • Vacant Republican

Co-sponsors (1)

Not signed on (159)

159 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 19 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 11000
Democrat 3000
Total 19001
% of votes cast 95%0%0%5%
How each member voted (20)
Member Party Vote
Baxley — Yea
Book — Yea
Hutson — Yea
Torres — Yea
Perry — Yea
Broxson — Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 5001
Unaffiliated 2001
Democrat 1000
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Hutson — Yea
Stewart — Yea
Torres — Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
DiCeglie, Nick Republican Yea
Gruters, Joe Republican Yea
Hooper, Ed Republican Yea
Rodriguez, Ana Maria Republican Yea
Trumbull, Jay Republican Yea
Wright, Tom A. Republican Not Voting

Official roll call →

Favorable with Committee Substitute

Passed 9 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 2000
No Party Affiliation 1000
Democrat 0100
Total 9100
% of votes cast 90%10%0%0%
How each member voted (10)
Member Party Vote
Broxson — Yea
Torres — Yea
Davis, Tracie Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Gruters, Joe Republican Yea
Hooper, Ed Republican Yea
Trumbull, Jay Republican Yea

Official roll call →

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 712 do?
Motor Vehicle Sales; Prohibiting an applicant or a licensee from certain actions in the allocation or distribution of motor vehicles to franchised motor vehicle dealers; prohibiting applicants and licensees from engaging in certain activities; revising provisions prohibiting specified entities from owning, operating, or controlling a motor vehicle dealership in this state; requiring the Department of Highway Safety and Motor Vehicles to conduct an inquiry relating to certain written complaints, etc.
Who sponsors SB 712?
SB 712 is sponsored by Transportation, Commerce and Tourism, Rules, Vacant (Republican), and Garcia, Ileana (Republican).
What is the current status of SB 712?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 712?
Track SB 712 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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