CS/HB 429 2025
CODING: Words stricken are deletions; words underlined are additions.
hb429-01-c1
Page 1 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle manufacturers and 2
franchised motor vehicle dealers; amending s. 320.64, 3
F.S.; prohibiting an applicant or licensee, or common 4
entity thereof, from implementing sales or service 5
performance measurement criteria without providing 6
motor vehicle dealers with the basis for any sales or 7
service performance measurement; prohibiting an 8
applicant or licensee, or common entity thereof, fro m 9
engaging in certain retaliatory or discriminatory 10
conduct; amending s. 320.641, F.S.; revising 11
conditions under which a discontinuation, 12
cancellation, or nonrenewal of a franchise agreement 13
is considered unfair; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Subsection (42) of section 320.64, Florida 18
Statutes, is amended, and subsection (43) is added to that 19
section, to read: 20
320.64 Denial, suspension, or revocation of license; 21
grounds.—A license of a licensee under s. 320.61 may be denied, 22
suspended, or revoked within the entire state or at any specific 23
location or locations within the state at which the applicant or 24
licensee engages or proposes to engage in business, upon proof 25
CS/HB 429 2025
CODING: Words stricken are deletions; words underlined are additions.
hb429-01-c1
Page 2 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that the section was violated with sufficient frequency to 26
establish a pattern of wrongdoing, and a licensee or applicant 27
shall be liable for claims and remedies provided in ss. 320.695 28
and 320.697 for any violation of any of the following 29
provisions. A licensee is proh ibited from committing the 30
following acts: 31
(42)(a) The applicant or licensee , or common entity 32
thereof, has established, implemented, or enforced criteria for 33
measuring the sales or service performance of any of its 34
franchised motor vehicle dealers in th is state which have a 35
material or adverse effect on any motor vehicle dealer and 36
which: 37
1. Are unfair, unreasonable, arbitrary, or inequitable; or 38
2. Do not include all relevant and material local and 39
regional criteria, data, and facts. Relevant and ma terial 40
criteria, data, or facts include, but are not limited to, those 41
of motor vehicle dealerships of comparable size in comparable 42
markets. If such performance measurement criteria are based, in 43
whole or in part, on a survey, such survey must be based on a 44
statistically significant and valid random sample. 45
(b) The An applicant or, licensee, or common entity , or an 46
affiliate thereof, has implemented or enforced criteria for 47
measuring the sales or service performance of any of its 48
franchised motor vehicle dealers in this state without, before 49
implementation or enforcement, providing a written description 50
CS/HB 429 2025
CODING: Words stricken are deletions; words underlined are additions.
hb429-01-c1
Page 3 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to each such franchised which enforces against any motor vehicle 51
dealer any such performance measurement criteria shall, upon the 52
request of the motor veh icle dealer, describe in writing to the 53
motor vehicle dealer in this state providing , in detail, how the 54
performance measurement criteria were designed, calculated, 55
established, and uniformly applied. 56
(43) The applicant or licensee, or common entity ther eof, 57
has engaged in an action, or implemented a policy, standard, 58
rule, practice, or program, as retaliation against a franchised 59
motor vehicle dealer because the dealer invoked any right 60
pursuant to ss. 320.60 -320.70; asserted that the applicant or 61
licensee, or common entity thereof, acted in a manner that 62
violates any provision of ss. 320.60 -320.70; or testified, 63
assisted, or participated in any manner in an investigation, a 64
proceeding, or a hearing that may directly affect the applicant 65
or licensee, or common entity thereof. 66
67
A motor vehicle dealer who can demonstrate that a violation of, 68
or failure to comply with, any of the preceding provisions by an 69
applicant or licensee will or may adversely and pecuniarily 70
affect the complaining dealer, shall be enti tled to pursue all 71
of the remedies, procedures, and rights of recovery available 72
under ss. 320.695 and 320.697. 73
Section 2. Subsection (3) of section 320.641, Florida 74
Statutes, is amended to read: 75
CS/HB 429 2025
CODING: Words stricken are deletions; words underlined are additions.
hb429-01-c1
Page 4 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
320.641 Discontinuations, cancellations, nonrenewals, 76
modifications, and replacement of franchise agreements. — 77
(3) Any motor vehicle dealer who receives a notice of 78
intent to discontinue, cancel, not renew, modify, or replace 79
may, within the 90-day notice period, file a petition or 80
complaint for a determina tion of whether such action is an 81
unfair or prohibited discontinuation, cancellation, nonrenewal, 82
modification, or replacement. Agreements and certificates of 83
appointment shall continue in effect until final determination 84
of the issues raised in such petit ion or complaint by the motor 85
vehicle dealer. 86
(a) A discontinuation, cancellation, or nonrenewal of a 87
franchise agreement is unfair unless all of the following apply: 88
1. if It is not clearly permitted by the franchise 89
agreement; 90
2. It is not undertaken in good faith ; 91
3. It is not undertaken for good cause ; 92
4. It or is based on the motor vehicle dealer's an alleged 93
breach of the franchise agreement which is not in fact a 94
material and substantial breach , but not if the discontinuation, 95
cancellation, or nonrenewal applies to all same line -make 96
franchised motor vehicle dealers and is otherwise permitted by 97
ss. 320.60-320.70; and 98
5. or, if The grounds relied upon for discontinuation 99
termination, cancellation, or nonrenewal have not been applied 100
CS/HB 429 2025
CODING: Words stricken are deletions; words underlined are additions.
hb429-01-c1
Page 5 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in a uniform and consistent manner by the licensee. 101
(b) If the notice of discontinuation, cancellation, or 102
nonrenewal relates to an alleged failure of the new motor 103
vehicle dealer's sales or service performance obligations under 104
the franchise agreement, the new motor vehicle dealer must first 105
be provided with at least 180 days to correct the alleged 106
failure before a licensee may send the notice of 107
discontinuation, cancellation, or nonrenewal. 108
(c) A modification or replacement is unfair unless all of 109
the following apply: 110
1. if It is not clearly permitted by the franchise 111
agreement; 112
2. It is not undertaken in good faith ; and 113
3. It or is not undertaken for good cause. 114
(d) The applicant or licensee shall have the burden of 115
proof that any such discontinuation, cancellation, nonrenewal, 116
modification, or replacement action is fair and not prohibited. 117
Section 3. This act shall take effect July 1, 2025. 118