THE BILL ITSELF
HB 291
Common Entities of Motor Vehicle Distributors and Manufacturers
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A bill to be entitled
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An act relating to common entities of motor vehicle
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distributors and manufacturers; revising the
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definition of the term "common entity"; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 320.60, Florida
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Statutes, is amended to read:
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320.60 Definitions for ss. 320.61-320.70.—Whenever used in
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ss. 320.61-320.70, unless the context otherwise requires, the
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following words and terms have the following meanings:
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(2)(a) "Common entity" means a person:
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1. Who is directly or indirectly controlled by or has more
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than 30 percent of its equity interest directly or indirectly
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owned, beneficially or of record, through any form of ownership
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structure, by a manufacturer, an importer, a distributor, or a
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licensee, or an affiliate thereof; or
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2. Who has more than 30 percent of its equity interest
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directly or indirectly controlled or owned, beneficially or of
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record, through any form of ownership structure, by one or more
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persons who also directly or indirectly control or own,
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beneficially or of record, more than 30 percent of the equity
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interests of a manufacturer, an importer, a distributor, or a
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licensee, or an affiliate thereof.
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(b) Notwithstanding subparagraph (a)1. or subparagraph
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(a)2., an entity that would otherwise be considered a common
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entity of a distributor or a manufacturer under subparagraph
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(a)1. or subparagraph (a)2. because of its relation to a
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distributor or a manufacturer is not considered a common entity
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of that distributor or manufacturer if:
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1.a. The distributor to which the entity is related was a
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licensed distributor on March 1, 2023;
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b.2. The entity is not a common entity of a manufacturer
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or an importer; and
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c.3. The distributor to which the entity is related is
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not, and has never been, a common entity of a manufacturer or an
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importer; or
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2. The entity was incorporated in the United States and
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solely manufactures or assembles vehicles that are part of a
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motor vehicle line-make that has no franchised motor vehicle
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dealers in this state.
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Section 2. This act shall take effect July 1, 2026.