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 these entities from establishing or enforcing sales or service performance criteria that adversely affect dealers unless specific conditions are met, including providing a detailed written description of the criteria to the dealers prior to implementation. Additionally, the bill makes it unlawful for manufacturers or licensees to retaliate against dealers who assert their rights or participate in investigations related to these rights.
Furthermore, the bill revises the circumstances under which the discontinuation, cancellation, nonrenewal, modification, or replacement of a franchise agreement is deemed unfair. It establishes that such actions must be clearly permitted by the franchise agreement and undertaken in good faith, with the burden of proof resting on the applicant or licensee to demonstrate that their actions are fair. The bill also mandates that dealers be given at least 180 days to address any alleged performance failures before any notice of discontinuation or cancellation can be issued. The effective date for these changes is set for 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
H 429 c2: 320.64, 320.641
H 429 er: 320.64, 320.641