The bill amends sections 320.64 and 320.641 of the Florida Statutes to enhance protections for franchised motor vehicle dealers against unfair practices by manufacturers and licensees. It prohibits applicants or licensees from implementing sales or service performance measurement criteria without providing a written basis for such criteria to the dealers. Additionally, it forbids retaliatory or discriminatory actions against dealers who assert their rights or participate in investigations related to the manufacturers' practices. The bill also revises the conditions under which the discontinuation, cancellation, or nonrenewal of a franchise agreement is deemed unfair, establishing clearer guidelines for manufacturers.

Specifically, the bill introduces new provisions that require manufacturers to provide dealers with a minimum of 180 days to correct any alleged performance failures before taking action to discontinue or cancel a franchise agreement. It also clarifies that a discontinuation or cancellation is considered unfair unless it is clearly permitted by the franchise agreement, undertaken in good faith, and based on a material breach of the agreement. The burden of proof for demonstrating the fairness of such actions is placed on the applicant or licensee. The bill is set to take effect on July 1, 2025.

Statutes affected:
H 429 Filed: 320.64, 320.641, 320.67, 320.695, 320.699
H 429 c1: 320.64, 320.641