This bill amends Florida Statutes sections 320.64 and 320.641, focusing on the relationship between motor vehicle manufacturers and their franchised dealers. It prohibits manufacturers or their affiliates from establishing performance criteria for dealers that could adversely affect them unless certain conditions are met. Specifically, any performance measurement criteria must be fair, reasonable, and based on relevant data, including a valid survey if applicable. Additionally, the bill prohibits retaliatory actions against dealers who assert their rights or participate in investigations related to the manufacturers' practices.
The bill also 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 and for good cause. The burden of proof lies with the manufacturer to demonstrate that their actions are fair. Furthermore, if a dealer is notified of a performance-related issue, they must be given at least 180 days to address the problem before any action can be taken against them. The act is set to take effect on July 1, 2025.
Statutes affected: S 1820 Filed: 320.67
S 1820 c1: 320.64, 320.641