Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (February 11, 2026)
Summary
Post-meeting packet for the Florida Senate Commerce and Tourism committee meeting of Wednesday, February 11, 2026, 9:00 to 11:30 a.m., with Senator Leek as Chair and Senator Arrington as Vice Chair. The expanded agenda lists SB 888 on professional services contracts (Favorable, Yeas 9 Nays 0), SB 1516 on caller identification information and SB 1562 on motor vehicle dealers. The packet closes with committee amendment 287160 to SB 1562, whose title amendment covers franchise agreements of motor vehicle dealers, including authorizing licensees to reject the succession to interest in a franchise agreement under certain circumstances.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (February 11, 2026).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-11-post-meeting-packet-8264-614bc2de59/
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02/11/2026 - Commerce and Tourism (9:00 AM - 11:30 AM) 2026 Regular Session
Customized 02/12/2026 8:29 AM
Tab
Tab 1 SB 888 by Martin; Compare to H 00699 Professional Services Contracts
SB 1516 by Garcia (CO-INTRODUCERS) Yarborough; Identical to H 01299 Caller Identification
Tab 2
Information
Tab 3 SB 1562 by Trumbull; Similar to CS/H 00989 Motor Vehicle Dealers
287160 D S LFAV CM, Trumbull Delete everything after 02/11 10:27 AM
Page 1 of 1
2026 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair
MEETING DATE: Wednesday, February 11, 2026
TIME: 9:00—11:30 a.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Bracy Davis, Davis, DiCeglie, Mayfield,
McClain, Smith, Wright, and Yarborough
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 SB 888 Professional Services Contracts; Providing that a Favorable
Martin professional services contract between a design Yeas 9 Nays 0
(Compare H 699) professional and a contracting party, rather than
between a design professional and a public agency,
may require the design professional to indemnify and
hold harmless the contracting party, and its officers
and employees, only against certain liability and
damages; specifying that a professional services
contract must require a design professional to
perform to a certain level of professional skill and
care; prohibiting a professional services contract from
subjecting a design professional to a different
standard of care, etc.
JU 01/27/2026 Favorable
CM 02/11/2026 Favorable
RC
2 SB 1516 Caller Identification Information; Prohibiting the Favorable
Garcia transmission of misleading or inaccurate caller Yeas 9 Nays 0
(Identical H 1299) identification information; requiring a
telecommunications company to provide the
telephone number and location from which each
telephone call originates; defining the term
“STIR/SHAKEN authentication framework”; requiring
each telecommunications company to file a
certification with the Federal Communications
Commission, etc.
CM 02/11/2026 Favorable
RI
RC
3 SB 1562 Motor Vehicle Dealers; Prohibiting applicants and Fav/CS
Trumbull licensees from selling more than a specified number Yeas 9 Nays 1
(Similar CS/H 989) of motor vehicles at wholesale to motor vehicle
dealers in a certain period under certain
circumstances, etc.
TR 02/10/2026 Favorable
CM 02/11/2026 Fav/CS
RC
Other Related Meeting Documents
S-036 (10/2008)
02112026.0943 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Wednesday, February 11, 2026, 9:00—11:30 a.m.
S-036 (10/2008)
02112026.0943 Page 2 of 2
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 888
INTRODUCER: Senator Martin
SUBJECT: Professional Services Contracts
DATE: February 10, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Favorable
2. Dike McKay CM Favorable
3. RC
I. Summary:
SB 888 provides that a contract for professional services by a design professional (an architect,
landscape architect, surveyor, or engineer) may not require the design professional to assume
liability for anything other than the negligence of the design professional or of a person
employed by or used by the design professional. This limit on contractual indemnity clauses is in
current law but it applies only to contracts between a design professional and a public agency.
An indemnity clause that does not conform to the limits in the bill is void.
The bill also provides that a contract with a design professional must require that services be
performed with the level of skill and care ordinarily provided by a competent design
professional. Additionally, a contract may not require the design professional to list a contracting
party or other party as an additional insured.
The bill is effective July 1, 2026.
II. Present Situation:
Design Professionals
A “design professional” is an individual or entity licensed by the state who holds a current
certificate of registration or is qualified to practice architecture, landscape architecture, land
surveying and mapping, or engineering.1
A design professional is generally like any other professional or indeed any other business entity
in that the design professional is generally liable in tort for any negligent act that he or she
commits. They are also like most businesses in their freedom to enter into most contract terms
1
Section 725.08, F.S. Architecture and landscape architecture are regulated by ch. 481, F.S. land surveying and mapping are
regulated by ch. 472, F.S., and engineering is regulated by ch. 471, F.S.
BILL: SB 888 Page 2
and conditions, and their freedom to decline work and reject contracts that they feel are not
profitable enough or entail too much risk. Correspondingly, those who employ design
professionals are mostly free to hire who they want, negotiate prices, negotiate contract terms,
and seek a different design professional if they wish.2
One contract clause that is commonly found in contracts is an indemnification clause. Such
clauses often use the terminology of “indemnify and hold harmless.” The term indemnification
“refers to the broad concept of one party compensating another for losses, damages, or liabilities,
usually due to third-party claims. It’s an agreement that safeguards one party against the
financial impacts of specific actions or events.”3
There are limits to the generally broad freedom to contract. Current law provides that a contract
between a design professional and a public agency may contain an indemnification clause, but
that clause may only require the design professional to assume liability for negligence,
recklessness, or intentionally wrongful conduct of the design professional and other people
employed or utilized by the design professional.4
Professional Liability – In General
The professional liability standard that applies to a design professional is similar to the liability
standard of any other professional. The jury instruction is informative:
Negligence is the failure to use reasonable care. Reasonable care on the part of a
(identify professional) is the care that a reasonably careful (identify professional)
would use under like circumstances. Negligence is doing something that a
reasonably careful (identify professional) would not do under like circumstances
or failing to do something that a reasonably careful (identify professional) would
do under like circumstances.5
History
Section 725.08, F.S., was enacted in 2000. In the initial version of the statute the statute limited
the terms of an indemnity clause in any contract with a design professional. This limitation
provided that an indemnification clause may require a design professional to assume liability
only for the negligence of the design professional or another person employed or utilized by the
design professional.6 In 2001, the statute was amended to the current form that applies the
limitation only to a contract between a design professional and a public agency.7
2
FLA. CONST. art. I s. 2.
3
Thomson Reuters, Reduce the Risk of Claims with Indemnification Clauses in Contracts (Oct. 20, 2024), available at
https://legal.thomsonreuters.com/en/insights/articles/indemnification-clauses-in-commercial-contracts (last visited Feb. 10,
2026).
4
Section 725.08(1), F.S.
5
The Florida Bar, Florida Standard Jury Instruction 402.5 Other Professional Negligence, available at
https://www.floridabar.org/rules/florida-standard-jury-instructions/civil-jury-instructions/civil-instructions/#402 (last visited
Feb. 10, 2026).
6
Section 1, ch. 2000-162, Laws of Florida.
7
Section 11, ch. 2001-211, Laws of Florida.
BILL: SB 888 Page 3
III. Effect of Proposed Changes:
SB 888 provides that, while a contract between a design professional (an architect, landscape
architect, surveyor, or engineer) and any other person may require a design professional to
indemnify and hold harmless the other contracting party, the indemnification clause is limited to
the negligence, recklessness, or intentionally wrongful conduct of the design professional or any
other persons employed or used by the design professional. A contract provision that violates this
limitation is void.
The bill adds that a professional services contract must require the design professional to perform
the services with the level of professional skill and care ordinarily provided by a competent
design professional practicing under the same or similar circumstances and professional licenses
as expeditiously as is prudent. This standard of care appears to reflect the ordinary standard of
care that would apply to a claim against a design professional, absent any modification made by
a contract. The bill further provides that a professional services contract may not subject a design
professional to a different standard of care, and that a contract mandating a different standard of
care must be interpreted as if the lawful standard of care applies.
The bill also adds that a professional services contract may not require a design professional to
list a contracting party or any other person or entity as an additional insured on the design
professional’s policy of professional liability insurance.
The bill applies to any contract entered into on or after July 1, 2026, which is the effective date
of the bill.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: SB 888 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
This bill may allow for lower general liability or professional liability insurance costs
paid by design professionals. Those costs, however, may increase for people who
contract for the services of a design professional.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends s. 725.08 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 888 Florida Senate - 2026 SB 888
By Senator Martin
33-00430-26 2026888__ 33-00430-26 2026888__
1 A bill to be entitled 30 725.08, Florida Statutes, are redesignated as subsections (5),
2 An act relating to professional services contracts; 31 (6), and (7), respectively, new subsections (3) and (4) are
3 amending s. 725.08, F.S.; providing that a 32 added to that section, and subsections (1) and (2) and present
4 professional services contract between a design 33 subsection (5) of that section are amended, to read:
5 professional and a contracting party, rather than 34 725.08 Design professional contracts; limitation in
6 between a design professional and a public agency, may 35 indemnification.—
7 require the design professional to indemnify and hold 36 (1) Notwithstanding the provisions of s. 725.06, if a
8 harmless the contracting party, and its officers and 37 design professional provides professional services to or for a
9 employees, only against certain liability and damages; 38 contracting party public agency, the contracting party agency
10 providing that all professional services contracts, 39 may require in a professional services contract with the design
11 rather than professional services contracts entered 40 professional that the design professional indemnify and hold
12 into with a public agency, may not require the design 41 harmless the contracting party agency, and its officers and
13 professional to defend, indemnify, or hold harmless 42 employees, from liabilities, damages, losses, and costs,
14 the contracting party or its employees, officers, 43 including, but not limited to, reasonable attorney attorneys’
15 directors, or agents; declaring that such a contract 44 fees, only to the extent caused by the negligence, recklessness,
16 provision is void as against public policy; specifying 45 or intentionally wrongful conduct of the design professional and
17 that a professional services contract must require a 46 other persons employed or used utilized by the design
18 design professional to perform to a certain level of 47 professional in the performance of the contract.
19 professional skill and care; prohibiting a 48 (2) Except as specifically provided in subsection (1), a
20 professional services contract from subjecting a 49 professional services contract entered into with a public agency
21 design professional to a different standard of care; 50 may not require that the design professional defend, indemnify,
22 providing applicability; prohibiting a professional 51 or hold harmless the contracting party or agency, its employees,
23 services contract from requiring a design professional 52 officers, directors, or agents from any liability, damage, loss,
24 to list additional insureds on its policy; providing 53 claim, action, or proceeding, and any such contract provision is
25 an effective date. 54 shall be void as against the public policy of this state.
26 55 (3)(a) A professional services contract must require the
27 Be It Enacted by the Legislature of the State of Florida: 56 design professional to perform the services with the level of
28 57 professional skill and care ordinarily provided by a competent
29 Section 1. Present subsections (3), (4), and (5) of section 58 design professional practicing under the same or similar
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 888
33-00430-26 2026888__
59 circumstances and professional licenses as expeditiously as is
60 prudent.
61 (b) A professional services contract may not subject a
62 design professional to a standard of care different than that
63 provided in paragraph (a).
64 (c) If the standard of care in a professional services
65 contract differs from the professional skill and care as
66 described in paragraph (a), paragraph (a) applies.
67 (4) A professional services contract may not require a
68 design professional to list a contracting party or any other
69 person or entity as an additional insured on the design
70 professional’s policy of professional liability insurance.
71 (7)(5) This section does not affect contracts or agreements
72 entered into before July 1, 2026 the effective date of this
73 section.
74 Section 2. This act shall take effect July 1, 2026.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1516
INTRODUCER: Senator Garcia
SUBJECT: Caller Identification Information
DATE: February 10, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. RI
3. RC
I. Summary:
SB 1516 regulates the transmission, authentication, and accuracy of telephone caller ID
information in Florida.
The bill prohibits the transmission of misleading or inaccurate caller ID with the intent to
defraud, cause harm, or wrongfully obtain anything of value. The bill requires
telecommunications companies to provide the telephone number and originating location of each
call and to block calls and text messages with manipulated caller ID information that doesn’t
match the telephone number or location. The prohibition does not apply to authorized law
enforcement activity or a court order. The bill establishes civil penalties for violations up to
$250,000.
The bill defines the Secure Telephone Identity Revisited (STIR) and Signature-based Handling
of Asserted Information Using toKENS (SHAKEN) authentication framework and requires
telecommunications companies to implement such caller ID authentication protocols by July 1,
2027, with certifications filed with the Federal Communications Commission. The bill
establishes civil penalties for violations up to $250,000.
The bill does not appear to have a fiscal impact on state or local government agencies.
The bill provides an effective date of October 1, 2026.
BILL: SB 1516 Page 2
Present Situation:
Federal Telephone Consumer Protections
National Do Not Call Registry
The Federal Trade Commission (FTC), in concert with the Federal Communications
Commission (FCC), administers the National Do Not Call Registry.1 Telephone solicitors may
not contact a consumer who participates in the National Do Not Call Registry, unless the calls
are:
• Made with a consumer’s prior, express permission;
• Informational in nature, such as those made to convey a utility outage, school closing, or
flight information; or
• Made by a tax-exempt organization.2
The Truth in Caller ID Act3
Caller ID information that is altered to conceal the true identity of the caller and mislead the
person receiving the call is referred to as “spoofing.”4 In response to the growing practice of
spoofing, Congress amended the Telephone Consumer Protection Act5 to add the Truth in Caller
ID Act of 2009 (Act). Under the Act and FCC rules, a person or entity is prohibited from
transmitting false or misleading caller ID information “with the intent to defraud, cause harm, or
wrongly obtain anything of value,” with a penalty of up to $10,000 for each violation.6 However,
spoofing is not illegal when no harm is intended or caused, or when the caller has legitimate
reasons to hide their identity. Examples may include law enforcement agencies working on a
case, a victim of domestic abuse, or a doctor who wishes to discuss private medical matters with
a patient.7
Caller ID Authentication
The STIR/SHAKEN (Secure Telephone Identity Revisited and Signature-based Handling of
Asserted Information Using toKENS) framework is a set of technical standards and protocols
that allow for the authentication and verification of caller ID information for calls carried over
Internet Protocol networks.8 In practice, calls traveling through interconnected phone networks
can have their caller ID “signed” as legitimate by originating carriers and validated by other
1
Federal Communications Commission, Stop Unwanted Calls and Texts, available at
https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts (last visited Feb.10, 2026).
2
47 U.S.C. § 227(a)(4); See also, 47 C.F.R. § 64.1200 (2012).
3
47 U.S.C. § 227(e).
4
Congression Research Service, Federal Communications Commission: Progress Protecting Consumers from Illegal
Robocalls, p. 1 (April 10, 2020). Available at
https://www.everycrsreport.com/files/20200410_R46311_fbb112c0038279f12c7ce63471c9eb5593945a67.pdf (last visited
Feb. 10, 2026).
5
The Telephone Consumer Protect Act restricts the making of telemarketing calls and the use of automatic telephone dialing
systems and artificial or prerecorded voice messages. See 47 U.S.C. § 227.
6
47 U.S.C. § 227(e).
7
FCC, Caller ID Spoofing, https://www.fcc.gov/consumers/guides/spoofing-and-caller-id (last visited Feb. 10, 2026).
8
47 CFR. §64.6301.
BILL: SB 1516 Page 3
carriers before reaching consumers.9 Because the STIR/SHAKEN framework is only operational
on IP networks, the FCC also requires providers using older network technologies to either
upgrade their networks to IP or develop a caller ID authentication solution that works on non-IP
networks.10
Florida Telephone Consumer Protections
Telecommunications Carriers
The Public Service Commission (PSC), an arm of the legislative branch of government, 11
ensures that Florida consumers receive utility services, including electric, natural gas, water,
wastewater, and telephone, in a safe, affordable, and reliable manner.12 To do so, the PSC
exercises authority over public utilities in the following areas: rate base or economic regulation,
competitive market oversight, and monitoring of safety, reliability, and service issues.13
Under ch. 364, F.S., telecommunications carriers in Florida are subject to limited PSC
regulation. Telecommunications companies are defined to include every corporation, partnership,
and person and their lessees, trustees, or receivers appointed by any court, and every political
subdivision in the state, offering two-way communications service to the public for hire within
the state by use of a telecommunications facility.14 The term does not include:15
• Entities that provide a telecommunications facility exclusively to a certificated
telecommunications company;
• Entities that provide a telecommunications facility exclusively to a company which is
excluded from the definition of a telecommunications company under this subsection;
• Commercial mobile radio service providers (mobile phone service provided for profit and to
the public);
• Fascimile transmission services;
• Private computer data network companies not offering service to the public for hire;
• Cable television companies providing cable service as defined in 47 U.S.C. s. 522;
• Intrastate interexchange telecommunications companies;
• Operator services providers; or
• Airports that provide communications services within the confines of their airport layout
plan.
9
FCC, Combating Spoofed Robocalls with Caller ID Authentication, available at https://www.fcc.gov/call-authentication
(last visited Feb. 10, 2026).
10
Id.
11
Section 350.001, F.S.
12
See Florida Public Service Commission, Florida Public Service Commission Homepage, available at
https://www.psc.state.fl.us/ (last visited Feb. 10, 2026).
13
Florida Public Service Commission, About the PSC: Overview and Key Facts, available at
https://www.psc.state.fl.us/about#OverviewAndKeyFacts (last visited Feb. 10, 2026).
14
Section 364.02(13), F.S.
15
Section 364.02(13)(a)-(i), F.S.
BILL: SB 1516 Page 4
Florida Telemarketing Act
Chapter 501, part IV, F.S., the Florida Telemarketing Act (FTA), requires non-exempt
businesses engaged in telemarketing and their salespeople to be licensed by the Florida
Department of Agriculture and Consumer Services (DACS) before operating in Florida. Certain
exempt entities must have a valid affidavit of exemption on file prior to operating in Florida.
There are approximately 28 exemptions, including: soliciting for religious, charitable, political or
educational purposes; research companies; newspapers; book and video clubs; cable television;
and persons or companies with whom the consumer has a prior business relationship.16
The FTA generally requires businesses that solicit the sale of consumer goods or services to:
• Be licensed;17
• Post a form of security;18
• License all of their salespeople19 and
• Provide the DACS with a list of all telephone numbers used to make sales calls.20
An application for licensure as a telemarketer must include several pieces of information,
including the applicant’s identifying information, prior experience in the field, criminal and
administrative history (especially relating to fraud, theft, or unfair and deceptive trade practices),
phone numbers from which the telemarketer will make sales calls, and any parent or affiliate
entities under which it will transact business, if applicable.21
Call-Blocking Act22
Under Florida’s Call-Blocking Act, telecommunications companies that provide voice
communications services to customers in Florida are authorized to preemptively block certain
phone calls from reaching a customer’s phone. In particular, consistent with federal law and FCC
rules, such service providers may block calls:
• When the customer to which an originating number is assigned has requested that calls
purporting to originate from that number be blocked because the number is used for inbound
calls only.
• Originating from a number that is not a valid North American Numbering Plan (NANP)
phone number.
• Originating from a valid NANP phone number that has not been allocated to a telephone
service provider by the NANP Administrator or pooling administrator.23
16
Section 501.604, F.S.
17
Section 501.605, F.S.
18
Section 501.611, F.S., requires a $50,000 bond, irrevocable letter of credit issued for the applicant, or a certificate of
deposit in favor of the DACS for payment on findings of fraud, misrepresentation, breach of contract, or other violation by
the applicant.
19
Section. 501.607, F.S.
20
Section 501.605(2)(k), F.S.
21
Section 501.605(2), F.S.
22
Section 365.176., F.S.
23
A “pooling administrator” is defined as “the Thousands-Block Pooling Administrator as identified in 47. C.F.R., § 52.20.”
Thousands-block number pooling is a process designed to optimize the allocation of phone numbers. Under this process,
10,000 phone numbers are assigned to an individual geographic center and then split into 10 blocks of 1,000 numbers each.
Each block can then be assigned to a service provider by a neutral number pooling administrator. See 47 C.F.R., § 52.20.
BILL: SB 1516 Page 5
• Originating from a valid NANP phone number that has been allocated to a telephone service
provider but is unused, if the provider blocking the calls: was allocated the number and
confirms that the number is unused; or has obtained verification from the allocatee that the
number is unused.
A service provider may not block a voice call from either of the first two categories listed above
if the call is an emergency call placed to 911.
For purposes of blocking calls from certain originating numbers as authorized under the act, a
provider may rely on caller identification service24 information to determine the originating
number.
While the Call-Blocking Act authorizes providers to block calls in specified scenarios, it is
permissive and limited to scenarios consistent with authorization under federal law and FCC
rules.
Caller-ID Spoofing
Pursuant to s. 817.487, F.S., a person is prohibited from entering or causing to be entered false
information into a caller identification system with the intent to deceive, defraud, or mislead the
call recipient. Additionally, a person may not make a telephone call knowing that false
information was entered into the caller identification system with the intent to deceive, defraud,
or mislead the recipient of the call. This does not apply to the blocking of caller ID information,
to law enforcement agencies or federal intelligence agencies, or to telecommunications,
broadband, or voice-over-internet service providers acting solely as intermediaries for the
transmission of telephone service between a caller and a recipient. A person who violates this
provision commits a first degree misdemeanor.25
However, a U.S. District Court in Miami found that Florida’s Caller ID Anti-Spoofing Act
(2008) violated the Commerce Clause of the United States Constitution because it had the effect
of controlling spoofing practices that took place entirely outside the state.26 Similarly, in 2020, a
federal court in North Dakota struck down North Dakota’s anti-spoofing law, which was
substantially similar to Florida’s.27
II. Effect of Proposed Changes:
Section 1 creates s. 364.242, F.S., prohibiting knowingly transmitting misleading or inaccurate
caller ID information in connection with a telecommunications company. Telecommunication
companies must provide the originating telephone number and location and must block all
telephone calls and text messages with manipulated caller ID information that does not match the
original number or location. This prohibition does not apply to transmissions in connection with
24
“Caller identification service” is a service that allows a telephone subscriber to have the telephone number and, if available,
the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or
connected to the subscriber’s telephone. Section 365.176(2)(a), F.S.
25
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Sections 775.082 and 775.083.F.S.
26
TelTech Systems, Inc. v. McCollum, No. 08-61664-CIV-MARTINEZ-BROWN (S.D. Fla. Filed Oct. 16, 2008), 2009 WL
10626585.
27
SpoofCard, LLC v. Burgum, 499 F. Supp 3d 647 (D.N.D. Nov. 9, 2020).
BILL: SB 1516 Page 6
the authorized activity of law enforcement agencies or to court orders specifically authorizing the
manipulation of caller ID information. The bill establishes $250,000 civil penalties for violations
of this provision.
Section 2 establishes s. 364.243, F.S., defining the STIR/SHAKEN authentication framework
and requiring that all telecommunications companies adopt the STIR/SHAKEN authentication
framework, or an equivalent technology that offers similar or enhanced capabilities for verifying
and authenticating caller ID information on the company's Internet protocol networks, by July 1,
2027.
Telecommunications companies must file a certification with the FCC stating that their traffic is
either digitally verified by the STIR/SHAKEN authentication framework or subject to a
compliant automated call mitigation program. A copy of such certification must be provided to
the Attorney General or the PSC upon request. The bill establishes $250,000 civil penalties for
violations of this provision.
Section 3 amends s. 365.176, F.S., to make conforming changes made by the bill, and specify
that a provider may rely on information provided by the pooling administrator to deliver the
originating number.
Section 4 provides an effective date of October 1, 2026.
III. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
IV. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
BILL: SB 1516 Page 7
B. Private Sector Impact:
Telecommunications companies may incur costs to implement or enhance
STIR/SHAKEN protocols and compliance systems for authentication, blocking, and
reporting.
Businesses and consumers may benefit from reduced fraud if caller ID manipulation
diminishes; however, compliance costs and potential litigation could affect carriers.
C. Government Sector Impact:
Regulatory oversight and enforcement responsibility costs could be incurred and
absorbed by the Attorney General or the Public Service Commission.
V. Technical Deficiencies:
None.
VI. Related Issues:
None.
VII. Statutes Affected:
This bill substantially amends section 365.176 of the Florida Statutes.
This bill creates sections 364.242 and 364.243 of the Florida Statutes.
VIII. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 1516 Florida Senate - 2026 SB 1516
By Senator Garcia
36-01313A-26 20261516__ 36-01313A-26 20261516__
1 A bill to be entitled 30 misleading or inaccurate caller identification information with
2 An act relating to caller identification information; 31 the intent to defraud, cause harm, or wrongfully obtain anything
3 creating s. 364.242, F.S.; prohibiting the 32 of value.
4 transmission of misleading or inaccurate caller 33 (2) A telecommunications company must provide the telephone
5 identification information; requiring a 34 number and location from which each telephone call originates
6 telecommunications company to provide the telephone 35 and must block all telephone calls and text messages that
7 number and location from which each telephone call 36 contain manipulated caller identification information that does
8 originates; requiring a telecommunications company to 37 not match such telephone number or location.
9 block all telephone calls and text messages that 38 (3) This section does not apply to transmissions in
10 contain manipulated caller identification information; 39 connection with:
11 providing applicability; providing penalties; creating 40 (a) Any authorized activity of a law enforcement agency; or
12 s. 364.243, F.S.; defining the term “STIR/SHAKEN 41 (b) A court order that specifically authorizes manipulation
13 authentication framework”; requiring 42 of caller identification information.
14 telecommunications companies to implement a framework 43
15 to verify and authenticate caller identification 44 The commission shall determine additional exemptions from this
16 information; requiring each telecommunications company 45 section as it deems appropriate.
17 to file a certification with the Federal 46 (4) A telecommunications company may be held civilly liable
18 Communications Commission; providing penalties; 47 and, notwithstanding s. 364.285(1), subject to a penalty of
19 amending s. 365.176, F.S.; conforming provisions to 48 $250,000 if it is found to be in violation of this section.
20 changes made by the act; providing an effective date. 49 Section 2. Section 364.243, Florida Statutes, is created to
21 50 read:
22 Be It Enacted by the Legislature of the State of Florida: 51 364.243 Authentication framework implementation.—
23 52 (1) As used in this section, the term “STIR/SHAKEN
24 Section 1. Section 364.242, Florida Statutes, is created to 53 authentication framework” means the Secure Telephone Identity
25 read: 54 Revisited (STIR) and Signature-based Handling of Asserted
26 364.242 Misleading or inaccurate caller identification.— 55 Information Using toKENs (SHAKEN) standards proposed by the
27 (1) A person may not, in connection with a 56 information and communications technology industry.
28 telecommunications company, cause a caller identification 57 (2) By July 1, 2027, the commission shall require every
29 service as defined in s. 365.176 to knowingly transmit 58 telecommunications company to implement the STIR/SHAKEN
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 1516
36-01313A-26 20261516__
59 authentication framework or an alternative technology that
60 provides comparable or superior capability to verify and
61 authenticate caller identification information in the Internet
62 protocol networks of the telecommunications company.
63 (3) Notwithstanding any other provision of law, a
64 telecommunications company shall file a certification with the
65 Federal Communications Commission that the company’s traffic is
66 either digitally verified by the STIR/SHAKEN authentication
67 framework or subject to a compliant automated call mitigation
68 program. The company shall provide a copy of such certification
69 to the Attorney General or the commission upon request.
70 (4) A telecommunications company may be held civilly liable
71 and, notwithstanding s. 364.285(1), subject to a penalty of
72 $250,000 if it is found to be in violation of this section.
73 Section 3. Present subsection (4) of section 365.176,
74 Florida Statutes, is redesignated as subsection (5) and amended,
75 and a new subsection (4) is added to that section, to read:
76 365.176 Florida Call-Blocking Act.—
77 (4) Under s. 364.242, providers must block calls that
78 contain manipulated caller identification information that does
79 not match the originating number or location of the call.
80 (5)(4) For purposes of blocking calls from certain
81 originating numbers as authorized and required in this section,
82 a provider may rely on caller identification service information
83 provided by the pooling administrator to determine the
84 originating number.
85 Section 4. This act shall take effect October 1, 2026.
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CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
February 11, 2026 APPEARANCE RECORD Senate Bill 1516
Meeting Date Bill NumberorTopic
Deliver both copies of this form to
Senate Commerce & Tourism Senate professional staff conducting the meeting
Committee
850 Amendment B
Phone -933-1985 "" applicable)
Name
Brian Jogerst
Address PO Box 11094 Email brian@thegriffingroup.com
Street
Tallahassee FL 32302
City State Zip
speaking: "L] or [L Aaast [ tomato OR waive speaking: ] in support I[] Against
PLEASE CHECK ONE OF THE FOLLOWING:
[[]am appearing without
compensation or sponsorship.
[[]1am a registered lobbyist.
representing:
ID I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
Elder Law Section/Florida Bar AND The sponsored by:
Academy of Florida Elder Law Attorneys
While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 and Joint Rule I. 2020-2022JointRulesodf (f/senate.qov!
This form is part of the public record for this meeting. -001 (08/10/2021)
The Florida Senate
2-11-26 - 9 AM APPEARANCE RECORD 1516- Caller Identification Info
Meeting Date Bill Number or Topic
Deliver both copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
AARP - Karen Murillo Ph one 850-567-0414 _
Address 215 S. Monroe St., Ste. 603 Email kmurillo@aarp.org
Street
Tallahassee FL 32301
City State Zip
no [foe[off«sorroo OR woes sea«roe [j sured [jeans
PLEASE CHECK ONE OF THE FOLLOWING:
[D] I am appearing without ~ I am a registered lobbyist, [D] I am not a lobbyist, but received
compensation or sponsorship. representing: something of value for my appearance
(travel, meals, lodging, etc.),
AARP Florida sponsored by:
While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 and Joint Rule 1. 2920-2922JgintRules.pdf (f]senate.gov)
This form is part of the public record for this meeting. S-001 (08/10/2021)
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: January 20, 2026
I respectfully request that Senate Bill #1516, relating to Caller Identification Information, be
placed on the:
[] committee agenda at your earliest possible convenience.
[] next committee agenda.
Senator Ileana Garcia
Florida Senate, District 36
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1562
INTRODUCER: Commerce and Tourism Committee and Senator Trumbull
SUBJECT: Motor Vehicle Dealers
DATE: February 12, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Favorable
2. McMillan McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1562 prohibits a licensed motor vehicle manufacturer, distributor, importer or factory
branch (licensee) that sells 1,000 or more vehicles of a particular line-make to motor vehicle
dealers within the state during any 12-month period from selling more than 33.33 percent of such
vehicles to any single dealer or group of dealers with common ownership or control. However,
the bill exempts any licensee that had a franchised dealer in the state as of January 1, 2026, or if
they are not otherwise prohibited from owning or operating their own dealership.
The bill expands the grounds on which a licensee may prevent or reject the succession, transfer,
assignment, or sale of a motor vehicle dealership franchise to include when such action would
result in the licensee selling more than 33.33 percent of its wholesale volume in the state to any
single dealer or group of dealers with common ownership or control, in violation of ch. 320, F.S.
The bill will have an indeterminate fiscal impact on the private sector. See Section V., Fiscal
Impact Statement for details.
The bill takes effect July 1, 2026.
BILL: CS/SB 1562 Page 2
II. Present Situation:
Florida Automobile Dealership Act
The Florida Automobile Dealership Act (Act) 1 governs the licensure of, and contractual
relationship between motor vehicle manufacturers2, distributors3, and importers4, and provides
substantial protections and safeguards for motor vehicle dealers.
The Department of Highway Safety and Motor Vehicles (DHSMV) administers and enforces the
Act, which generally specifies:
• Motor vehicle manufacturers, distributors, and importers (applicants or licensees) must be
licensed under the Act to engage in business in Florida, and the conditions under which the
DHSMV may deny, suspend, or revoke such licenses;
• The requirements for licensees wishing to discontinue, cancel, modify, or otherwise replace a
franchise agreement with a dealer, and the conditions under which the DHSMV may deny
such a request;
• The procedures licensees must follow to add a franchised dealership in an area already served
by a franchised dealer, the protest process, and the DHSMV’s role in such circumstances;
• The damages assessable against a licensee who violates the Act; and
• DHSMV’s authority to adopt rules to implement the Act. 5
Motor Vehicle Dealers
Under the Act, motor vehicle dealers6 are classified as either franchised dealers or independent
dealers. A franchised motor vehicle dealer is any person or business who engages in the business
of repairing, servicing, buying, selling, or dealing in motor vehicles pursuant to a franchise
agreement.7 An independent motor vehicle dealer is any person or business other than a
1
Chapter 70-424, Laws of Florida, codified in ch. 320, F.S.
2
Section 320.60(11), F.S., defines “manufacturer” as any person, whether a resident or nonresident of this state, who
manufactures or assembles motor vehicles or who manufactures or installs on previously assembled truck chassis special
bodies or equipment which, when installed, form an integral part of the motor vehicle and which constitute a major
manufacturing alteration. The term includes a central or principal sales corporation or other entity through which, by
contractual agreement or otherwise, it distributes its product.
3
Section 320.60(5), F.S., defines “distributor” as a person, resident or nonresident, who, in whole or in part, sells or
distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives.
4
Section 320.60(7), F.S., defines “importer” as any person who imports vehicles from a foreign country into the United
States or into this state for the purpose of sale or lease.
5
Section 320.011, F.S.
6
Section 320.60(13) F.S., defines “motor vehicle dealer” as any person, firm, company, corporation, or other entity, who
holds a license pursuant to s. 320.27, F.S. as a “franchised motor vehicle dealer” and, for commission, money, or other things
of value, repairs or services motor vehicles or used motor vehicles pursuant to a franchise agreement; sells, exchanges, buys,
leases or rents, or offers, or attempts to negotiate a sale or exchange of any interest in, motor vehicles; or is engaged wholly
or in part in the business of selling motor vehicles, whether or not such motor vehicles are owned by such person, firm,
company, or corporation. Further, any person who repairs or services three or more motor vehicles or used motor vehicles;
buys, sells, or deals in three or more motor vehicles in any 12-month period; or offers or displays for sale three or more motor
vehicles in any 12-month period is presumed to be a motor vehicle dealer, with exceptions.
7
Section 320.60(1),(14), F.S., defines “franchise agreement” as a contract, franchise, new motor vehicle franchise, sales and
service agreement, or dealer agreement or any other terminology used to describe the contractual relationship between a
manufacturer, factory branch, distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer
is authorized to transact business pertaining to motor vehicles of a particular line-make. “Line-make vehicles” are those
BILL: CS/SB 1562 Page 3
franchised or wholesale motor vehicle dealer8 who engages in the business of buying, selling, or
dealing in motor vehicles, and who may service and repair motor vehicles.9
Currently, no person or entity may engage in business as a motor vehicle dealer without first
obtaining a motor vehicle dealer license. Generally, only dealers may advertise vehicles
belonging to others, unless the sale arises from a bona fide legal proceeding, court order, estate
settlement, or operation of law. However, a vehicle owner may advertise and sell vehicles titled
in their own name without a license.10
Restrictions on Owning or Operating Dealerships
The Act prohibits licensees, manufacturers, distributors, agents of a manufacturer or distributor,
or any parent, subsidiary, common entity11, officer, or representative of a licensee from owning
or operating a dealership in Florida for the sale or service of a line-make of motor vehicles that
are already offered for sale under a franchise agreement with a dealer in this state.12 However, if
a manufacturer has no franchised dealers in the state for a line-make, they may be allowed to sell
directly to consumers.
Other instances in which a manufacturer or distributor may own or operate a dealership include
when the licensee:
• Operates a dealership temporarily, not to exceed one year, during the transition between
owners.
• Temporarily operates a dealership to broaden diversity within its dealer body or provide
opportunities to qualified persons who lack the resources to purchase the dealership outright,
in a bona fide relationship with an independent person13 who has made a significant
investment and is reasonable expected to acquire full ownership.
• Operates a dealership when DHSMV, after a hearing, determines that no independent person
is available in the community or territory to own and operate the dealership in a manner
consistent with the public interest.
motor vehicles which are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand
name of the manufacturer of same. However, motor vehicles sold or leased under multiple brand names or marks shall
constitute a single line-make when they are included in a single franchise agreement and every motor vehicle dealer in this
state authorized to sell or lease any such vehicles has been offered the right to sell or lease all of the multiple brand names or
marks covered by the single franchise agreement.
8
Section 320.27(1)(c) F.S., defines “wholesale motor vehicle dealer” as any person who engages exclusively in the business
of buying, selling, or dealing in motor vehicles at wholesale or with motor vehicle auctions.
9
Section 320.27(1)(c), F.S.
10
Section 320.27(2), F.S.
11
Section 320.60(2)(a), F.S., defines “common entity” means a person or business who is directly or indirectly controlled by,
or has more than 30 percent of its equity interest directly or indirectly owned by, a manufacturer, importer, distributor, or
licensee, or an affiliate thereof; or who has more than 30 percent of its equity interest directly or indirectly controlled or
owned by one or more persons who also directly or indirectly control or own more than 30 percent of the equity interests of a
manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof.
12
Section 320.645(1), F.S.
13
Section 320.60(8), F.S., defines “Independent person” means a person who is not an agent; a parent; a subsidiary; a
common entity; an officer; a director; or an employed representative of a licensee, a manufacturer, an importer, or a
distributor.
BILL: CS/SB 1562 Page 4
In all such cases, the dealership must be continually offered for sale to independent persons at a
fair and reasonable price, and approval of the sale of a proposed dealer may not be unreasonably
withheld.14
Manufacturer, Factory Branch, Distributor, and Importer Licenses
Under the Act, motor vehicle manufacturers, factory branches, distributors, and importers must
be licensed before engaging in business in the state. No motor vehicle may be sold,15
leased, or offered for sale or lease in this state unless the manufacturer, importer, or distributor
of such motor vehicle is licensed under s. 320.61, F.S.16
Denying, Revoking, or Suspending a License
A motor vehicle manufacturer, distributor, or importer license may be denied, suspended, or
revoked, for a specific location or statewide, if there is sufficient evidence of repeated violations
of ch. 320, F.S., demonstrating a pattern of misconduct.17 Current law identifies a substantial,
enumerated list of conduct in which licensees are prohibited from engaging. Grounds for
denying, suspending, or revoking a license generally arise from the licensee’s dealings with its
franchised motor vehicle dealers.18
Succession of a Motor Vehicle Dealership
Current law prohibits a licensee from preventing or refusing to accept the succession of a motor
vehicle dealership franchise to a dealer’s legal heir or devisee, notwithstanding the terms of any
franchise agreement. A licensee may reject a proposed successor only if:19
• The heir or devisee fails to meet the licensee’s written, reasonable, and uniformly applied
minimum qualifications for dealer applicants; or
• Following notice and an administrative hearing, the succession is shown to be detrimental to
the public interest or the licensee’s representation.
14
Section 320.645(1), F.S.
15
Section 320.60(16), F.S., defines “Sell” or “sold” as accepting a deposit or receiving a payment for the retail purchase,
lease, or other use of a motor vehicle; accepting a reservation from a retail consumer for a specific motor vehicle identified
by a vehicle identification number or other product identifier; setting the retail price for the purchase, lease, or other use of a
motor vehicle, but does not include setting a manufacturer's suggested retail price; offering or negotiating with a retail
consumer terms for the purchase, lease, or other use of a motor vehicle; offering or negotiating with a retail consumer a value
for a motor vehicle being traded in as part of the purchase, lease, or other use of a motor vehicle, but does not include a
website or other means of electronic communication that identifies to a consumer a conditional trade-in value and that
contains language informing the consumer that the trade-in value is not binding on any motor vehicle dealer; any transaction
where the title of a motor vehicle or a used motor vehicle is transferred to a retail consumer; or any retail lease transaction
where a retail consumer leases a vehicle for a period of at least 12 months, but does not include administering lease
agreements, taking assignments of leases, performing required actions pursuant to such leases, or receiving payments under a
lease agreement that was originated by a motor vehicle dealer.
16
Section 320.61, F.S.
17
Section 320.64, F.S.
18
Id.
19
Section 320.64(16), F.S.
BILL: CS/SB 1562 Page 5
Termination, Cancellation, or Nonrenewal of Franchise Agreement
Current law requires licensees to repurchase certain property from a dealer following the
voluntary or involuntary termination, cancellation or nonrenewal of a franchise agreement.
Property subject to repurchase includes new vehicles with limited mileage, new and resalable
parts and accessories purchased directly from the licensee, undamaged signs bearing the
licensee’s trademark, and special tools, automotive service equipment, and data processing
equipment recommended or supplied by the licensee.20 Specifically, the licensee must pay the
dealer the net cost paid by the dealer for each new car or truck in the dealer’s inventory with
mileage of 2,000 miles or less, or a motor cycle with mileage of 100 miles or less, not counting
mileage placed on the vehicle before it was delivered to the dealer.21 Licensees are also
responsible for reasonable costs associated with transporting, handling, packing, storing, and
loading the property.
If the termination, cancellation or nonrenewal results from a plan, scheme, or corporate action
intended to reduce the number of franchised dealers, or from bankruptcy or cessation of a line-
make, the licensee must additionally compensate the dealer for the fair market value of the
franchise, reflecting the goodwill of the dealership within its community or territory.
Compensation is generally due upon tender of the property, with clear procedures for returning
inventory and other items. Certain transactions, including the sale of the dealer’s assets or
ownership interests, are exempt from these repurchase requirements.22
Transfer, Assignment, of Sale of Franchise
Under current law, a motor vehicle dealer may sell, assign, transfer, or otherwise dispose of a
franchise agreement to another person, including a corporation established to hold the franchise.
A licensee may only refuse or penalize such a transfer if:23
• The proposed transferee, or the transferee’s controlling executive management, is not of good
moral character; or
• The transferee does not meet the licensee’s written, reasonable, and uniformly applied
qualifications regarding financial capacity and business experience.
A dealer seeking to transfer a franchise must provide written notice to the licensee, including the
transferee’s name, address, financial qualifications, and recent business experience.
Subsequently, the licensee has 60 days to object in writing and specify the material reasons for
rejecting the transferee. If the licensee does not respond within 60 days, the transfer is considered
approved.24 Further, any transfer is valid only if the transferee agrees in writing to comply with
all existing franchise requirements, with ownership changed to the transferee.25
Industry Background
20
Section 320.64(36), F.S.
21
Section 320.64(36)(a), F.S.
22
Section 320.64(36)(b), F.S.
23
Section 320.643(1)(a), F.S.
24
Id.
25
Id.
BILL: CS/SB 1562 Page 6
Historically, Florida’s motor vehicle industry has been one of the largest in the country, driven
by sustained population growth, high vehicle demand, and a dense network of franchised
dealerships across the state. In 2024, Florida’s dealership network was credited with creating
over 186,400 jobs and contributing over $115 billion to the state economy.26 As of June 2025,
Florida’s annual new motor vehicle sales ranked third overall in the United States, totaling
almost $60 million in sales in the first half of the year.27 Florida also had the third most motor
vehicle dealers in the nation, with 943 new-car dealers.28
However, the motor vehicle retail market is increasingly dominated by large dealer groups.
Ongoing consolidation through mergers, acquisitions, and multi-brand ownership has
concentrated market share among fewer corporate entities, many of which operate countless
dealerships across the state or nationwide. For example, AutoNation, one of the largest motor
vehicle retailers in the U.S., operates 51 of its 267 nationwide retail locations in Florida, where it
sells 31 different motor vehicles brands, including domestic, import, and premium luxury lines.29
III. Effect of Proposed Changes:
The bill amends s. 320.64, F.S., to prohibit a licensed motor vehicle manufacturer, distributor,
importer or factory branch (licensee) that sells 1,000 or more vehicles of a particular line-make
to motor vehicle dealers within the state during any 12-month period from selling more than
33.33 percent of such vehicles to any single dealer or group of dealers with common ownership
or control.
A group of dealers is commonly owned or controlled when:
• One dealer owns or controls more than 30 percent of another dealer; or
• The same person or entity owns or controls more than 30 percent of each dealer.
However, the bill exempts any licensee that had a franchised dealer in the state as of January 1,
2026, or if they are not otherwise prohibited from owning their own dealership.
The bill expands the grounds on which a licensee may prevent or reject the succession, transfer
assignment, or sale of a motor vehicle dealership franchise to include when such action would
result in the licensee selling more than 33.33 percent of its wholesale volume in the state to any
single dealer or group of dealers with common ownership or control, in violation of chapter 320,
F.S.
The bill takes effect July 1, 2026.
26
Florida Automobile Dealers Association, Driving Florida’s Economy, Annual Contribution of Florida’s New-Car Dealers,
available at https://www.flada.org/about-fada/economic-impact/ (last visited February 11, 2026).
27
National Automobile Dealers Association, NADA Data 2025: Midyear Report, at 5, available at
https://www.nada.org/media/4694/download?inline (last visited February 11, 2026).
28
Id.
29
AutoNation, 2024 Annual Report, AutoNation-2025-Annual-Report.pdf (last visited February 11, 2026).
BILL: CS/SB 1562 Page 7
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate impact on the private sector. The bill may have a
positive fiscal impact on motor vehicle dealers as it adds additional protections to
Florida’s franchise dealer regulatory model.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 320.64 and 320.643 of the Florida Statutes.
BILL: CS/SB 1562 Page 8
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on February 11, 2026:
The committee substitute:
• Prohibits a licensed motor vehicle manufacturer, distributor, importer or factory
branch (licensee) that sells 1,000 or more vehicles of a particular line-make to motor
vehicle dealers within the state during any 12-month period from selling more than
33.33 percent of such vehicles to any single dealer or group of dealers with common
ownership or control.
• Exempts any licensee that had a franchised dealer in the state as of January 1, 2026,
or if they are not otherwise prohibited from owning or operating their own dealership.
• Expands the grounds on which a licensee may prevent or reject the succession,
transfer, assignment, or sale of a motor vehicle dealership franchise to include when
such action would result in the licensee selling more than 33.33 percent of its
wholesale volume in the state to any single dealer or group of dealers with common
ownership or control.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1562 Bill No. SB 1562
Ì287160ÉÎ287160 Ì287160ÉÎ287160
LEGISLATIVE ACTION 11 location or locations within the state at which the applicant or
Senate . House 12 licensee engages or proposes to engage in business, upon proof
Comm: FAV . 13 that the section was violated with sufficient frequency to
02/11/2026 . 14 establish a pattern of wrongdoing, and a licensee or applicant
. 15 shall be liable for claims and remedies provided in ss. 320.695
. 16 and 320.697 for any violation of any of the following
. 17 provisions. A licensee is prohibited from committing the
18 following acts:
19 (16)(a) Notwithstanding the terms of any franchise
20 agreement, the applicant or licensee prevents or refuses to
21 accept the succession to any interest in a franchise agreement
22 by any legal heir or devisee under the will of a motor vehicle
23 dealer or under the laws of descent and distribution of this
24 state; provided, the applicant or licensee is not required to
25 accept a succession:
The Committee on Commerce and Tourism (Trumbull) recommended the 26 1. When where such heir or devisee does not meet licensee’s
following: 27 written, reasonable, and uniformly applied minimal standard
28 qualifications for dealer applicants;
1 Senate Amendment (with title amendment) 29 2. or Which, after notice and administrative hearing
2 30 pursuant to chapter 120, is demonstrated to be detrimental to
3 Delete everything after the enacting clause 31 the public interest or to the representation of the applicant or
4 and insert: 32 licensee; or
5 Section 1. Subsection (16) and paragraph (a) of subsection 33 3. When the direct result of such succession will cause the
6 (36) of section 320.64, Florida Statutes, are amended, and 34 applicant or licensee to be in violation of subsection (44).
7 subsection (44) is added to that section, to read: 35 (b) This subsection does not Nothing contained herein,
8 320.64 Denial, suspension, or revocation of license; 36 however, shall prevent a motor vehicle dealer, during his or her
9 grounds.—A license of a licensee under s. 320.61 may be denied, 37 lifetime, from designating any person as his or her successor in
10 suspended, or revoked within the entire state or at any specific 38 interest by written instrument filed with and accepted by the
39 applicant or licensee. A licensee who rejects the successor
Page 1 of 10 Page 2 of 10
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Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1562 Bill No. SB 1562
Ì287160ÉÎ287160 Ì287160ÉÎ287160
40 transferee under this subsection shall have the burden of 69 its representative.
41 establishing in any proceeding where such rejection is in issue 70 4. The fair market value of all special tools, data
42 that the rejection of the successor transferee complies with 71 processing equipment, and automotive service equipment owned by
43 this subsection. 72 the dealer which:
44 (36)(a) Notwithstanding the terms of any franchise 73 a. Were recommended in writing by the applicant or licensee
45 agreement, in addition to any other statutory or contractual 74 or its representative and designated as special tools and
46 rights of recovery after the voluntary or involuntary 75 equipment;
47 termination, cancellation, or nonrenewal of a franchise, failing 76 b. Were purchased from or at the request of the applicant
48 to pay the motor vehicle dealer, as provided in paragraph (d), 77 or licensee or its representative; and
49 the following amounts: 78 c. Are in usable and good condition except for reasonable
50 1. The net cost paid by the dealer for each new motor 79 wear and tear.
51 vehicle other than motorcycles car or truck in the dealer’s 80 5. The cost of transporting, handling, packing, storing,
52 inventory with mileage of 2,000 miles or less, or each new a 81 and loading any property subject to repurchase under this
53 motorcycle in the dealer’s inventory with mileage of 100 miles 82 section.
54 or less, exclusive of mileage placed on the motor vehicle before 83 (44)(a) The applicant or licensee has directly or
55 it was delivered to the dealer. 84 indirectly distributed 1,000 or more motor vehicles of a
56 2. The current price charged for each new, unused, 85 particular line-make to motor vehicle dealers in this state
57 undamaged, or unsold part or accessory that: 86 during any 12-month period and has directly or indirectly
58 a. Is in the current parts catalog and is still in the 87 distributed more than 33.33 percent of those same line-make
59 original, resalable merchandising package and in an unbroken 88 motor vehicles during that 12-month period to one motor vehicle
60 lot, except that sheet metal may be in a comparable substitute 89 dealer or to multiple motor vehicle dealers that share common
61 for the original package; and 90 ownership or control. For purposes of this subsection, a motor
62 b. Was purchased by the dealer directly from the 91 vehicle dealer shares common ownership or control with another
63 manufacturer or distributor or from an outgoing authorized 92 motor vehicle dealer if:
64 dealer as a part of the dealer’s initial inventory. 93 1. It is directly or indirectly controlled by or has more
65 3. The fair market value of each undamaged sign owned by 94 than 30 percent of its equity interest directly or indirectly
66 the dealer which bears a trademark or trade name used or claimed 95 owned by another motor vehicle dealer; or
67 by the applicant or licensee or its representative which was 96 2. It has more than 30 percent of its equity interest
68 purchased from or at the request of the applicant or licensee or 97 directly or indirectly controlled or owned by one or more
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98 persons who also directly or indirectly control or own more than 127 that the sale, transfer, alienation, or other disposition:
99 30 percent of the equity interests of another motor vehicle 128 1. Is to a person who is not, or whose controlling
100 dealer. 129 executive management is not, of good moral character;
101 (b) This subsection does not apply to any line-make of 130 2. Is to a person who or does not meet the written,
102 motor vehicle for which there exists a licensed franchised 131 reasonable, and uniformly applied standards or qualifications of
103 dealer in this state as of January 1, 2026, or to an applicant 132 the licensee relating to financial qualifications of the
104 or licensee who is not prohibited by s. 320.645 from owning or 133 transferee and business experience of the transferee or the
105 operating a motor vehicle dealership. 134 transferee’s executive management; or
106 135 3. Would directly cause the licensee to be in violation of
107 A motor vehicle dealer who can demonstrate that a violation of, 136 s. 320.64(44).
108 or failure to comply with, any of the preceding provisions by an 137 (b) A motor vehicle dealer who desires to sell, assign,
109 applicant or licensee will or may adversely and pecuniarily 138 transfer, alienate, or otherwise dispose of a franchise shall
110 affect the complaining dealer, shall be entitled to pursue all 139 notify, or cause the proposed transferee to notify, the
111 of the remedies, procedures, and rights of recovery available 140 licensee, in writing, setting forth the prospective transferee’s
112 under ss. 320.695 and 320.697. 141 name, address, financial qualifications, and business experience
113 Section 2. Subsections (1) and (2) of section 320.643, 142 during the previous 5 years. A licensee who receives such notice
114 Florida Statutes, are amended to read: 143 may, within 60 days following such receipt, notify the motor
115 320.643 Transfer, assignment, or sale of franchise 144 vehicle dealer, in writing, that the proposed transferee is not
116 agreements.— 145 a person qualified to be a transferee under this section and
117 (1)(a) Notwithstanding the terms of any franchise 146 setting forth the material reasons for such rejection. Failure
118 agreement, a licensee may shall not, by contract or otherwise, 147 of the licensee to notify the motor vehicle dealer within the
119 fail or refuse to give effect to, prevent, prohibit, or penalize 148 60-day period of such rejection shall be deemed an approval of
120 or attempt to refuse to give effect to, prohibit, or penalize 149 the transfer. No such transfer, assignment, or sale shall be
121 any motor vehicle dealer from selling, assigning, transferring, 150 valid unless the transferee agrees in writing to comply with all
122 alienating, or otherwise disposing of its franchise agreement to 151 requirements of the franchise then in effect, but with the
123 any other person or persons, including a corporation established 152 ownership changed to the transferee.
124 or existing for the purpose of owning or holding a franchise 153 (c)(b) A motor vehicle dealer whose proposed sale is
125 agreement, unless the licensee proves at a hearing pursuant to a 154 rejected may, within 60 days following such receipt of such
126 complaint filed by a motor vehicle dealer under this section 155 rejection, file with the department a complaint for a
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156 determination that the proposed transferee has been rejected in 185 unless the licensee proves at a hearing pursuant to a complaint
157 violation of this section. The licensee has the burden of proof 186 filed by a motor vehicle dealer under this section that the
158 with respect to all issues raised by the complaint. The 187 sale, transfer, alienation, or other disposition:
159 department shall determine, and enter an order providing, that 188 1. Is to a person who is not, or whose controlling
160 the proposed transferee is either qualified or is not and cannot 189 executive management is not, of good moral character; or
161 be qualified for specified reasons, or the order may provide the 190 2. Would directly cause the licensee to be in violation of
162 conditions under which a proposed transferee would be qualified. 191 s. 320.64(44).
163 If the licensee fails to file such a response to the motor 192 (b) A motor vehicle dealer, or any proprietor, partner,
164 vehicle dealer’s complaint within 30 days after receipt of the 193 stockholder, owner, or other person who holds or otherwise owns
165 complaint, unless the parties agree in writing to an extension, 194 an interest in the motor vehicle dealer, who desires to sell,
166 or if the department, after a hearing, renders a decision other 195 assign, transfer, alienate, or otherwise dispose of any interest
167 than one disqualifying the proposed transferee, the franchise 196 in such motor vehicle dealer shall notify, or cause the proposed
168 agreement between the motor vehicle dealer and the licensee is 197 transferee to so notify, the licensee, in writing, of the
169 deemed amended to incorporate such transfer or amended in 198 identity and address of the proposed transferee. A licensee who
170 accordance with the determination and order rendered, effective 199 receives such notice may, within 60 days following such receipt,
171 upon compliance by the proposed transferee with any conditions 200 notify the motor vehicle dealer in writing that the proposed
172 set forth in the determination or order. 201 transferee is not a person qualified to be a transferee under
173 (2)(a) Notwithstanding the terms of any franchise 202 this section and setting forth the material reasons for such
174 agreement, a licensee may shall not, by contract or otherwise, 203 rejection. Failure of the licensee to notify the motor vehicle
175 fail or refuse to give effect to, prevent, prohibit, or 204 dealer within the 60-day period of such rejection shall be
176 penalize, or attempt to refuse to give effect to, prevent, 205 deemed an approval of the transfer. Any person whose proposed
177 prohibit, or penalize, any motor vehicle dealer or any 206 sale of stock is rejected may file within 60 days of receipt of
178 proprietor, partner, stockholder, owner, or other person who 207 such rejection a complaint with the department alleging that the
179 holds or otherwise owns an interest therein from selling, 208 rejection was in violation of the law or the franchise
180 assigning, transferring, alienating, or otherwise disposing of, 209 agreement. The licensee has the burden of proof with respect to
181 in whole or in part, the equity interest of any of them in such 210 all issues raised by such complaint. The department shall
182 motor vehicle dealer to any other person or persons, including a 211 determine, and enter an order providing, that the proposed
183 corporation established or existing for the purpose of owning or 212 transferee either is qualified or is not and cannot be qualified
184 holding the stock or ownership interests of other entities, 213 for specified reasons; or the order may provide the conditions
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214 under which a proposed transferee would be qualified. If the 243 for which a licensee must pay certain costs to a motor
215 licensee fails to file a response to the motor vehicle dealer’s 244 vehicle dealer under certain circumstances;
216 complaint within 30 days of receipt of the complaint, unless the 245 prohibiting a licensee from distributing more than a
217 parties agree in writing to an extension, or if the department, 246 specified percentage of a specified number of motor
218 after a hearing, renders a decision on the complaint other than 247 vehicles of a particular line-make during a certain
219 one disqualifying the proposed transferee, the transfer shall be 248 period to one motor vehicle dealer or dealers that
220 deemed approved in accordance with the determination and order 249 share common ownership or control; providing
221 rendered, effective upon compliance by the proposed transferee 250 applicability; amending s. 320.643, F.S.; authorizing
222 with any conditions set forth in the determination or order. 251 a licensee to reject a sale, transfer, alienation, or
223 (c)(b) Notwithstanding paragraph (a), a licensee may not 252 other disposition of a franchise agreement or an
224 reject a proposed transfer of a legal, equitable, or beneficial 253 equity interest in a motor vehicle dealer under
225 interest in a motor vehicle dealer to a trust or other entity, 254 certain circumstances; providing an effective date.
226 or to any beneficiary thereof, which is established by an owner
227 of any interest in a motor vehicle dealer for purposes of estate
228 planning, if the controlling person of the trust or entity, or
229 the beneficiary, is of good moral character.
230 Section 3. This act shall take effect July 1, 2026.
231
232 ================= T I T L E A M E N D M E N T ================
233 And the title is amended as follows:
234 Delete everything before the enacting clause
235 and insert:
236 A bill to be entitled
237 An act relating to motor vehicle manufacturers,
238 importers, and distributors and franchised motor
239 vehicle dealers; amending s. 320.64, F.S.; authorizing
240 licensees to reject the succession to interest in a
241 franchise agreement of a motor vehicle dealer under
242 certain circumstances; clarifying the motor vehicles
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Florida Senate - 2026 SB 1562 Florida Senate - 2026 SB 1562
By Senator Trumbull
2-00862-26 20261562__ 2-00862-26 20261562__
1 A bill to be entitled 30 applicant or licensee is prohibited by s. 320.645 from owning or
2 An act relating to motor vehicle dealers; amending s. 31 operating a motor vehicle dealer. For purposes of this
3 320.64, F.S.; prohibiting applicants and licensees 32 subsection, a motor vehicle dealer is independent from another
4 from selling more than a specified number of motor 33 motor vehicle dealer if all of the following conditions are met:
5 vehicles at wholesale to motor vehicle dealers in a 34 (a) The motor vehicle dealer is not controlled by another
6 certain period under certain circumstances; providing 35 motor vehicle dealer.
7 applicability; providing construction; providing an 36 (b) The motor vehicle dealer is not controlled by one or
8 effective date. 37 more persons who also control another motor vehicle dealer.
9 38 (c) The motor vehicle dealer has no more than 30 percent of
10 Be It Enacted by the Legislature of the State of Florida: 39 its equity interest directly or indirectly owned, beneficially
11 40 or of record, through any form of ownership structure by another
12 Section 1. Subsection (44) is added to section 320.64, 41 motor vehicle dealer.
13 Florida Statutes, to read: 42 (d) The motor vehicle dealer has no more than 30 percent of
14 320.64 Denial, suspension, or revocation of license; 43 its equity interest directly or indirectly controlled or owned,
15 grounds.—A license of a licensee under s. 320.61 may be denied, 44 beneficially or of record, through any form of ownership
16 suspended, or revoked within the entire state or at any specific 45 structure by one or more persons who also directly or indirectly
17 location or locations within the state at which the applicant or 46 control or own, beneficially or of record, more than 30 percent
18 licensee engages or proposes to engage in business, upon proof 47 of the equity interests of another motor vehicle dealer.
19 that the section was violated with sufficient frequency to 48
20 establish a pattern of wrongdoing, and a licensee or applicant 49 A motor vehicle dealer who can demonstrate that a violation of,
21 shall be liable for claims and remedies provided in ss. 320.695 50 or failure to comply with, any of the preceding provisions by an
22 and 320.697 for any violation of any of the following 51 applicant or licensee will or may adversely and pecuniarily
23 provisions. A licensee is prohibited from committing the 52 affect the complaining dealer, shall be entitled to pursue all
24 following acts: 53 of the remedies, procedures, and rights of recovery available
25 (44) The applicant or licensee has sold at least 3,000 54 under ss. 320.695 and 320.697.
26 motor vehicles at wholesale to motor vehicle dealers in this 55 Section 2. This act shall take effect July 1, 2026.
27 state in a 12-month period without first establishing at least
28 five motor vehicle dealers in this state which are all
29 independent from each other. This subsection applies only if the
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1562
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LEGISLATIVE ACTION
Senate . House
Comm: FAV .
02/11/2026 .
.
.
.
The Committee on Commerce and Tourism (Trumbull) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (16) and paragraph (a) of subsection
6 (36) of section 320.64, Florida Statutes, are amended, and
7 subsection (44) is added to that section, to read:
8 320.64 Denial, suspension, or revocation of license;
9 grounds.—A license of a licensee under s. 320.61 may be denied,
10 suspended, or revoked within the entire state or at any specific
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11 location or locations within the state at which the applicant or
12 licensee engages or proposes to engage in business, upon proof
13 that the section was violated with sufficient frequency to
14 establish a pattern of wrongdoing, and a licensee or applicant
15 shall be liable for claims and remedies provided in ss. 320.695
16 and 320.697 for any violation of any of the following
17 provisions. A licensee is prohibited from committing the
18 following acts:
19 (16)(a) Notwithstanding the terms of any franchise
20 agreement, the applicant or licensee prevents or refuses to
21 accept the succession to any interest in a franchise agreement
22 by any legal heir or devisee under the will of a motor vehicle
23 dealer or under the laws of descent and distribution of this
24 state; provided, the applicant or licensee is not required to
25 accept a succession:
26 1. When where such heir or devisee does not meet licensee’s
27 written, reasonable, and uniformly applied minimal standard
28 qualifications for dealer applicants;
29 2. or Which, after notice and administrative hearing
30 pursuant to chapter 120, is demonstrated to be detrimental to
31 the public interest or to the representation of the applicant or
32 licensee; or
33 3. When the direct result of such succession will cause the
34 applicant or licensee to be in violation of subsection (44).
35 (b) This subsection does not Nothing contained herein,
36 however, shall prevent a motor vehicle dealer, during his or her
37 lifetime, from designating any person as his or her successor in
38 interest by written instrument filed with and accepted by the
39 applicant or licensee. A licensee who rejects the successor
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40 transferee under this subsection shall have the burden of
41 establishing in any proceeding where such rejection is in issue
42 that the rejection of the successor transferee complies with
43 this subsection.
44 (36)(a) Notwithstanding the terms of any franchise
45 agreement, in addition to any other statutory or contractual
46 rights of recovery after the voluntary or involuntary
47 termination, cancellation, or nonrenewal of a franchise, failing
48 to pay the motor vehicle dealer, as provided in paragraph (d),
49 the following amounts:
50 1. The net cost paid by the dealer for each new motor
51 vehicle other than motorcycles car or truck in the dealer’s
52 inventory with mileage of 2,000 miles or less, or each new a
53 motorcycle in the dealer’s inventory with mileage of 100 miles
54 or less, exclusive of mileage placed on the motor vehicle before
55 it was delivered to the dealer.
56 2. The current price charged for each new, unused,
57 undamaged, or unsold part or accessory that:
58 a. Is in the current parts catalog and is still in the
59 original, resalable merchandising package and in an unbroken
60 lot, except that sheet metal may be in a comparable substitute
61 for the original package; and
62 b. Was purchased by the dealer directly from the
63 manufacturer or distributor or from an outgoing authorized
64 dealer as a part of the dealer’s initial inventory.
65 3. The fair market value of each undamaged sign owned by
66 the dealer which bears a trademark or trade name used or claimed
67 by the applicant or licensee or its representative which was
68 purchased from or at the request of the applicant or licensee or
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69 its representative.
70 4. The fair market value of all special tools, data
71 processing equipment, and automotive service equipment owned by
72 the dealer which:
73 a. Were recommended in writing by the applicant or licensee
74 or its representative and designated as special tools and
75 equipment;
76 b. Were purchased from or at the request of the applicant
77 or licensee or its representative; and
78 c. Are in usable and good condition except for reasonable
79 wear and tear.
80 5. The cost of transporting, handling, packing, storing,
81 and loading any property subject to repurchase under this
82 section.
83 (44)(a) The applicant or licensee has directly or
84 indirectly distributed 1,000 or more motor vehicles of a
85 particular line-make to motor vehicle dealers in this state
86 during any 12-month period and has directly or indirectly
87 distributed more than 33.33 percent of those same line-make
88 motor vehicles during that 12-month period to one motor vehicle
89 dealer or to multiple motor vehicle dealers that share common
90 ownership or control. For purposes of this subsection, a motor
91 vehicle dealer shares common ownership or control with another
92 motor vehicle dealer if:
93 1. It is directly or indirectly controlled by or has more
94 than 30 percent of its equity interest directly or indirectly
95 owned by another motor vehicle dealer; or
96 2. It has more than 30 percent of its equity interest
97 directly or indirectly controlled or owned by one or more
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98 persons who also directly or indirectly control or own more than
99 30 percent of the equity interests of another motor vehicle
100 dealer.
101 (b) This subsection does not apply to any line-make of
102 motor vehicle for which there exists a licensed franchised
103 dealer in this state as of January 1, 2026, or to an applicant
104 or licensee who is not prohibited by s. 320.645 from owning or
105 operating a motor vehicle dealership.
106
107 A motor vehicle dealer who can demonstrate that a violation of,
108 or failure to comply with, any of the preceding provisions by an
109 applicant or licensee will or may adversely and pecuniarily
110 affect the complaining dealer, shall be entitled to pursue all
111 of the remedies, procedures, and rights of recovery available
112 under ss. 320.695 and 320.697.
113 Section 2. Subsections (1) and (2) of section 320.643,
114 Florida Statutes, are amended to read:
115 320.643 Transfer, assignment, or sale of franchise
116 agreements.—
117 (1)(a) Notwithstanding the terms of any franchise
118 agreement, a licensee may shall not, by contract or otherwise,
119 fail or refuse to give effect to, prevent, prohibit, or penalize
120 or attempt to refuse to give effect to, prohibit, or penalize
121 any motor vehicle dealer from selling, assigning, transferring,
122 alienating, or otherwise disposing of its franchise agreement to
123 any other person or persons, including a corporation established
124 or existing for the purpose of owning or holding a franchise
125 agreement, unless the licensee proves at a hearing pursuant to a
126 complaint filed by a motor vehicle dealer under this section
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127 that the sale, transfer, alienation, or other disposition:
128 1. Is to a person who is not, or whose controlling
129 executive management is not, of good moral character;
130 2. Is to a person who or does not meet the written,
131 reasonable, and uniformly applied standards or qualifications of
132 the licensee relating to financial qualifications of the
133 transferee and business experience of the transferee or the
134 transferee’s executive management; or
135 3. Would directly cause the licensee to be in violation of
136 s. 320.64(44).
137 (b) A motor vehicle dealer who desires to sell, assign,
138 transfer, alienate, or otherwise dispose of a franchise shall
139 notify, or cause the proposed transferee to notify, the
140 licensee, in writing, setting forth the prospective transferee’s
141 name, address, financial qualifications, and business experience
142 during the previous 5 years. A licensee who receives such notice
143 may, within 60 days following such receipt, notify the motor
144 vehicle dealer, in writing, that the proposed transferee is not
145 a person qualified to be a transferee under this section and
146 setting forth the material reasons for such rejection. Failure
147 of the licensee to notify the motor vehicle dealer within the
148 60-day period of such rejection shall be deemed an approval of
149 the transfer. No such transfer, assignment, or sale shall be
150 valid unless the transferee agrees in writing to comply with all
151 requirements of the franchise then in effect, but with the
152 ownership changed to the transferee.
153 (c)(b) A motor vehicle dealer whose proposed sale is
154 rejected may, within 60 days following such receipt of such
155 rejection, file with the department a complaint for a
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156 determination that the proposed transferee has been rejected in
157 violation of this section. The licensee has the burden of proof
158 with respect to all issues raised by the complaint. The
159 department shall determine, and enter an order providing, that
160 the proposed transferee is either qualified or is not and cannot
161 be qualified for specified reasons, or the order may provide the
162 conditions under which a proposed transferee would be qualified.
163 If the licensee fails to file such a response to the motor
164 vehicle dealer’s complaint within 30 days after receipt of the
165 complaint, unless the parties agree in writing to an extension,
166 or if the department, after a hearing, renders a decision other
167 than one disqualifying the proposed transferee, the franchise
168 agreement between the motor vehicle dealer and the licensee is
169 deemed amended to incorporate such transfer or amended in
170 accordance with the determination and order rendered, effective
171 upon compliance by the proposed transferee with any conditions
172 set forth in the determination or order.
173 (2)(a) Notwithstanding the terms of any franchise
174 agreement, a licensee may shall not, by contract or otherwise,
175 fail or refuse to give effect to, prevent, prohibit, or
176 penalize, or attempt to refuse to give effect to, prevent,
177 prohibit, or penalize, any motor vehicle dealer or any
178 proprietor, partner, stockholder, owner, or other person who
179 holds or otherwise owns an interest therein from selling,
180 assigning, transferring, alienating, or otherwise disposing of,
181 in whole or in part, the equity interest of any of them in such
182 motor vehicle dealer to any other person or persons, including a
183 corporation established or existing for the purpose of owning or
184 holding the stock or ownership interests of other entities,
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185 unless the licensee proves at a hearing pursuant to a complaint
186 filed by a motor vehicle dealer under this section that the
187 sale, transfer, alienation, or other disposition:
188 1. Is to a person who is not, or whose controlling
189 executive management is not, of good moral character; or
190 2. Would directly cause the licensee to be in violation of
191 s. 320.64(44).
192 (b) A motor vehicle dealer, or any proprietor, partner,
193 stockholder, owner, or other person who holds or otherwise owns
194 an interest in the motor vehicle dealer, who desires to sell,
195 assign, transfer, alienate, or otherwise dispose of any interest
196 in such motor vehicle dealer shall notify, or cause the proposed
197 transferee to so notify, the licensee, in writing, of the
198 identity and address of the proposed transferee. A licensee who
199 receives such notice may, within 60 days following such receipt,
200 notify the motor vehicle dealer in writing that the proposed
201 transferee is not a person qualified to be a transferee under
202 this section and setting forth the material reasons for such
203 rejection. Failure of the licensee to notify the motor vehicle
204 dealer within the 60-day period of such rejection shall be
205 deemed an approval of the transfer. Any person whose proposed
206 sale of stock is rejected may file within 60 days of receipt of
207 such rejection a complaint with the department alleging that the
208 rejection was in violation of the law or the franchise
209 agreement. The licensee has the burden of proof with respect to
210 all issues raised by such complaint. The department shall
211 determine, and enter an order providing, that the proposed
212 transferee either is qualified or is not and cannot be qualified
213 for specified reasons; or the order may provide the conditions
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214 under which a proposed transferee would be qualified. If the
215 licensee fails to file a response to the motor vehicle dealer’s
216 complaint within 30 days of receipt of the complaint, unless the
217 parties agree in writing to an extension, or if the department,
218 after a hearing, renders a decision on the complaint other than
219 one disqualifying the proposed transferee, the transfer shall be
220 deemed approved in accordance with the determination and order
221 rendered, effective upon compliance by the proposed transferee
222 with any conditions set forth in the determination or order.
223 (c)(b) Notwithstanding paragraph (a), a licensee may not
224 reject a proposed transfer of a legal, equitable, or beneficial
225 interest in a motor vehicle dealer to a trust or other entity,
226 or to any beneficiary thereof, which is established by an owner
227 of any interest in a motor vehicle dealer for purposes of estate
228 planning, if the controlling person of the trust or entity, or
229 the beneficiary, is of good moral character.
230 Section 3. This act shall take effect July 1, 2026.
231
232 ================= T I T L E A M E N D M E N T ================
233 And the title is amended as follows:
234 Delete everything before the enacting clause
235 and insert:
236 A bill to be entitled
237 An act relating to motor vehicle manufacturers,
238 importers, and distributors and franchised motor
239 vehicle dealers; amending s. 320.64, F.S.; authorizing
240 licensees to reject the succession to interest in a
241 franchise agreement of a motor vehicle dealer under
242 certain circumstances; clarifying the motor vehicles
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243 for which a licensee must pay certain costs to a motor
244 vehicle dealer under certain circumstances;
245 prohibiting a licensee from distributing more than a
246 specified percentage of a specified number of motor
247 vehicles of a particular line-make during a certain
248 period to one motor vehicle dealer or dealers that
249 share common ownership or control; providing
250 applicability; amending s. 320.643, F.S.; authorizing
251 a licensee to reject a sale, transfer, alienation, or
252 other disposition of a franchise agreement or an
253 equity interest in a motor vehicle dealer under
254 certain circumstances; providing an effective date.
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