SB302,8,4

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1(4) Compete with a powersports vehicle dealer by, for more than one year,
2acting in the capacity of a powersports vehicle dealer or owning, operating, or
3controlling, whether directly or indirectly, a powersports vehicle dealership in this
4state.

SB302,8,8 5(5) Prevent or attempt to prevent a dealer from making reasonable changes in
6the capital structure of a dealership or in the means by which the dealership is
7financed if the powersports vehicle dealer meets the reasonable, written, and
8uniformly applied capital requirements determined by the manufacturer.

SB302,8,15 9(6) Unreasonably require the powersports vehicle dealer to change the location
10of, or require any substantial alterations to, the powersports vehicle dealer's place
11of business. This subsection does not prohibit a powersports vehicle manufacturer
12or powersports vehicle distributor and a powersports vehicle dealer from entering
13into an arms-length agreement in which the parties exchange bargained-for
14consideration and part of the bargained-for consideration is changing locations of
15the dealership or altering the powersports vehicle dealer's place of business.

SB302,8,17 16(7) Fail to hold harmless and indemnify a powersports vehicle dealer against
17losses, including lawsuits and court costs, arising from any of the following:

SB302,8,2118 (a) The manufacture or performance of any powersports vehicle, part, or
19accessory if the lawsuit involves representations by the manufacturer on the
20manufacture or performance of a powersports vehicle, and there is no claim of
21negligence on the part of the powersports vehicle dealer.

SB302,8,2322 (b) Damage to merchandise in transit where the manufacturer specifies the
23carrier.

SB302,9,3

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1(c) The manufacturer's failure to defend product liability suits concerning the
2powersports vehicle, part, or accessory provided to the dealer where there is no
3independent claim against the powersports vehicle dealer.

SB302,9,54 (d) Any other act performed by the manufacturer that is not requested by the
5powersports vehicle dealer.

SB302,9,7 6(8) Unfairly prevent or attempt to prevent a powersports vehicle dealer from
7receiving reasonable compensation for the value of a powersports vehicle.

SB302,9,9 8(9) Deny a powersports vehicle dealer the right of free association with any
9other powersports vehicle dealer for any lawful purpose.

SB302,9,12 10(10) Charge increased prices without having given written notice to the
11powersports vehicle dealer at least 30 days before the effective date of the price
12increase.

SB302,9,14 13(11) Reimburse anyone other than an authorized powersports vehicle dealer
14for warranty service performed on a powersports vehicle.

SB302,9,17 15(12) Pay less than the amount of the manufacturer's suggested retail price for
16parts used by powersports vehicle dealers to perform warranty work under a
17manufacturer's warranty provided to a retail customer.

SB302,9,19 18(13) Pay to a powersports vehicle dealer an amount for labor that is less than
19the amount the dealer charges its retail customers for labor.

SB302,9,22 20(14) Require or coerce a powersports vehicle dealer to grant a manufacturer a
21right of first refusal or other preference to purchase the dealer's franchise or place
22of business or both unless there is not another financially qualified purchaser.

SB302,9,24 23(15) Require that any arbitration proceeding or legal action between the
24parties take place in a jurisdiction other than this state.

SB302,10,4

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1218.62 Approved practices by powersports vehicle manufacturers and
2distributors. Notwithstanding s. 218.61, a powersports vehicle manufacturer or
3powersports vehicle distributor, and its respective agents, officers, factory
4representatives, and affiliates, may do any of the following:

SB302,10,6 5(1) Offer by auction powersports vehicles to all powersports vehicle dealers
6under the same terms and not based on a wholesale order program.

SB302,10,9 7(2) Provide tiered wholesale programs, tiered wholesale flooring plans, tiered
8retail programs, and tiered demonstration unit programs to powersports vehicle
9dealers.

SB302,10,13 10(3) Offer programs to all powersports vehicle dealers based on customer
11satisfaction scores that provide benefits to powersports vehicle dealers that obtain
12a customer satisfaction score set by the powersports vehicle distributor or
13powersports vehicle manufacturer.

SB302,10,16 14218.63 Penalties and civil actions. (1) Any person who violates s. 218.61
15may be required to forfeit not less than $100 nor more than $1,000 for each separate
16violation.

SB302,10,19 17(2) The department shall investigate violations of s. 218.61. The department
18or the department of justice, after consulting with the department, or any district
19attorney, upon informing the department, may on behalf of the state:

SB302,10,2320 (a) Bring an action for temporary or permanent injunctive or other relief for any
21violation of s. 218.61. The court may, upon entry of final judgment, award restitution
22when appropriate to any person suffering loss because of a violation of s. 218.61 if
23proof of such loss is submitted to the satisfaction of the court.

SB302,10,2524 (b) Bring an action in any court of competent jurisdiction for the penalties
25authorized under sub. (1).

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1(3) In addition to any other available remedies, any person injured by a
2violation of s. 218.61 may bring a civil action against the person who violated s.
3218.61 for temporary or permanent injunctive relief or for damages or both. Upon
4finding that the defendant is violating or has violated s. 218.61, the court shall enjoin
5the defendant from continuing the violation, regardless of whether the plaintiff has
6suffered actual damages. In any action authorized under this subsection, any person
7who violates s. 218.61 shall be liable for the amount of actual damages caused by the
8violation and, notwithstanding s. 814.04 (1), the costs of the action, including
9reasonable attorney fees.