SB363: Bill Text

SB363,6,21 (b) Selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer.

SB363,6,24 (c) Using a promotion plan, marketing plan, allocation plan, flooring assistance plan, or other similar device that results in a lower actual price on powersports vehicles, parts, or accessories being charged to one dealer over another dealer.

SB363,7,7 (d) Adopting a method or changing an existing method for the allocation, scheduling, or delivery of new powersports vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a powersports vehicle dealer, a powersports vehicle manufacturer shall disclose in writing to the dealer the method by which new powersports vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles.

SB363,7,13 (2) Give preferential treatment to some powersports vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to any dealer holding a franchise for a line or make of powersports vehicles sold or distributed by the manufacturer any new powersports vehicle, part, or accessory, if the powersports vehicle, part, or accessory is being delivered to other dealers.

SB363,7,14 (3) Compete with a powersports vehicle dealer by doing any of the following:

SB363,7,17 (a) Acting in the capacity of a powersports vehicle dealer or owning, operating, or controlling, whether directly or indirectly, a powersports vehicle dealership in this state.

SB363,7,23 (b) Owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of powersports vehicles under the manufacturer's new powersports vehicle warranty and extended warranty. This paragraph does not prohibit a powersports vehicle manufacturer from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on powersports vehicles that are owned by the manufacturer.

SB363,7,25 (4) Use any trade secret obtained from a powersports vehicle dealer to unfairly compete with the dealer without the prior written consent of the dealer.

SB363,8,2 (5) Coerce, threaten, intimidate, or require, either directly or indirectly, a powersports vehicle dealer to do any of the following:

SB363,8,6 (a) Accept, buy, or order any powersports vehicle, part, or accessory, or other commodity or service not voluntarily ordered or requested, or buy, order, or pay anything of value for any item in order to obtain a powersports vehicle, part, or accessory, or other commodity that has been voluntarily ordered or requested.

SB363,8,7 (b) Enter into any agreement that violates this section.

SB363,8,11 (c) Order or accept delivery of a powersports vehicle with special features, accessories, or equipment not included in the list price of the vehicle as advertised by the manufacturer, except features, accessories, or equipment that are voluntarily requested or ordered by the dealer or that are required by law.

SB363,8,14 (6) Require a change in capital structure or means of financing for the dealership if the powersports vehicle dealer at all times meets the reasonable, written, and uniformly applied capital standards determined by the manufacturer.

SB363,8,18 (7) Prevent or attempt to prevent a dealer from making reasonable changes in the capital structure of a dealership or in the means by which the dealership is financed if the powersports vehicle dealer meets the reasonable, written, and uniformly applied capital requirements determined by the manufacturer.

SB363,8,20 (8) Unreasonably require the powersports vehicle dealer to change the location of, or require any substantial alterations to, the dealer's place of business.

SB363,8,22 (9) Fail to hold harmless and indemnify a powersports vehicle dealer against losses, including lawsuits and court costs, arising from any of the following:

SB363,9,2 (a) The manufacture or performance of any powersports vehicle, part, or accessory if the lawsuit involves representations by the manufacturer on the manufacture or performance of a powersports vehicle without negligence on the part of the dealer.

SB363,9,4 (b) Damage to merchandise in transit where the manufacturer specifies the carrier.

SB363,9,6 (c) The manufacturer's failure to jointly defend product liability suits concerning the powersports vehicle, part, or accessory provided to the dealer.

SB363,9,7 (d) Any other act performed by the manufacturer.

SB363,9,9 (10) Unfairly prevent or attempt to prevent a powersports vehicle dealer from receiving reasonable compensation for the value of a powersports vehicle.

SB363,9,13 (11) Fail to pay to a powersports vehicle dealer, within 60 days after receipt of a valid claim, a payment agreed to be made by the manufacturer on grounds that a new powersports vehicle or a prior year's model is in the dealer's inventory at the time of introduction of new model powersports vehicles.

SB363,9,15 (12) Deny a powersports vehicle dealer the right of free association with any other powersports vehicle dealer for any lawful purpose.

SB363,9,18 (13) Charge increased prices without having given written notice to the powersports vehicle dealer at least 15 days before the effective date of the price increase.

SB363,9,20 (14) Permit factory authorized warranty service to be performed upon powersports vehicles or accessories by persons other than their franchised dealers.

SB363,9,23 (15) Pay less than the amount the powersports vehicle dealer charges its retail customers for parts when used to perform similar work less the wholesale cost for the furnished part as listed in the manufacturer's current price schedules.

SB363,9,25 (16) Pay to a powersports vehicle dealer an amount for labor that is less than the amount the dealer charges its retail customers for labor.

SB363,10,3 (17) Require or coerce a powersports vehicle dealer to grant a manufacturer a right of first refusal or other preference to purchase the dealer's franchise or place of business or both unless there is not another financially qualified purchaser.

SB363,10,4 (18) Require a powersports vehicle dealer to do any of the following:

SB363,10,6 (a) Accept delivery of a number or percentage of powersports vehicles during a specific period related to a sales order.

SB363,10,8 (b) Maintain an inventory in excess of the inventory needed for a period of 90 days.

SB363,10,11 (c) Purchase unreasonable advertising displays or other materials or unreasonably require a powersports vehicle dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of powersports vehicles.

SB363,10,13 (19) Require that any arbitration proceeding or legal action between the parties takes place in a venue other than this state.

SB363,10,16 218.62 Penalties and civil actions. (1) Any person who violates s. 218.61 may be required to forfeit not less than $100 nor more than $1,000 for each separate violation.

SB363,10,19 (2) The department shall investigate violations of this section. The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department, may on behalf of the state:

SB363,10,24 (a) Bring an action for temporary or permanent injunctive or other relief for any violation of this section. In such an action for injunctive relief, irreparable harm is presumed. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court.

SB363,11,2 (b) Bring an action in any court of competent jurisdiction for the penalties authorized under sub. (1).

SB363,11,11 (3) In addition to any other available remedies, any person injured by a violation of s. 218.61 may bring a civil action against the person who violated s. 218.61 for temporary or permanent injunctive relief or for damages or both. Upon finding that the defendant is violating or has violated s. 218.61, the court shall enjoin the defendant from continuing the violation, regardless of whether the plaintiff has suffered actual damages. In any action authorized under this subsection, any person who violates s. 218.61 shall be liable for 3 times the amount of actual damages caused by the violation and, notwithstanding s. 814.04 (1), the costs of the action, including reasonable attorney fees.

SB363, s. 3 Section 3. Initial applicability.

SB363,11,14 (1) This act first applies to actions taken, and events occurring, on the effective date of this subsection.

SB363, s. 4 Section 4. Effective date.

SB363,11,17 (1) This act takes effect on the first day of the 3rd month beginning after publication.

SB363,11,18 (End)