The bill amends Florida Statutes sections 320.64 and 320.641, focusing on the relationship between motor vehicle manufacturers and franchised dealers. It prohibits applicants or licensees, as well as any common entities, from establishing or enforcing sales or service performance criteria for their franchised dealers unless specific conditions are met. Additionally, it forbids retaliatory actions against dealers who assert their rights or participate in investigations related to the manufacturers' practices. The bill also revises the criteria under which the discontinuation, cancellation, nonrenewal, modification, or replacement of franchise agreements is deemed unfair, emphasizing the need for good faith and substantial justification for such actions.
Key changes include the insertion of language that requires performance measurement criteria to be fair and based on relevant data, and mandates that dealers be provided with a written description of these criteria before they are enforced. The bill also clarifies that a franchise agreement's termination or modification must be justified and uniformly applied, with the burden of proof resting on the applicant or licensee to demonstrate fairness. 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