Chapter 320 — Chapter 320
192 sections in this chapter.
Fla. Stat. § 320.3208 Inspection and rejection by the dealer
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(1) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of th…
Fla. Stat. § 320.3209 Coercion of dealer prohibited
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(1) A manufacturer or distributor may not coerce or attempt to coerce a dealer to:(a) Purchase a product that the dealer did not order;(b) Enter into an agreement with the manufacturer or distributor;(c) Take any action that is unfair or unreasonable to the dealer; or(d) Enter in…
Fla. Stat. § 320.3210 Civil dispute resolution; mediation; relief
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(1) A dealer, manufacturer, distributor, or warrantor injured by another party’s violation of ss. 320.3201-320.3211 may bring a civil action in circuit court to recover actual damages. The court shall award attorney’s fees and costs to the prevailing party in such action. Venue f…
Fla. Stat. § 320.3211 Penalties
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(1) The department may suspend or revoke any license issued under s. 320.771 upon a finding that the dealer, manufacturer, distributor, or importer violated any provision of ss. 320.3201-320.3211. The department may impose, levy, and collect by legal process fines, in an amount n…
Fla. Stat. § 320.37 Registration not to apply to nonresidents
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(1) The provisions of this chapter relative to the requirement for registration of motor vehicles and display of license number plates do not apply to a motor vehicle owned by a nonresident of this state if the owner thereof has complied with the provisions of the motor vehicle r…
Fla. Stat. § 320.371 Registration not to apply to certain manufacturers and others
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The provisions of this chapter which relate to registration and display of license number plates do not apply to any new automobile or truck, the equitable or legal title to which is vested in a manufacturer, distributor, importer, or exporter and which has never been transferred…
Fla. Stat. § 320.38 When nonresident exemption not allowed
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The provisions of s. 320.37 authorizing the operation of motor vehicles over the roads of this state by nonresidents of this state when such vehicles are duly registered or licensed under the laws of some other state or foreign country do not apply to any nonresident who accepts …
Fla. Stat. § 320.39 Reciprocal agreements for nonresident exemption
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(1) The Department of Highway Safety and Motor Vehicles may negotiate and consummate with the proper authorities of the several states of the United States or any foreign country reciprocal agreements whereby residents of such other states or foreign country operating motor vehic…
Fla. Stat. § 320.405 International Registration Plan; inspection of records; hearings
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(1) The department or any authorized agent thereof is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by s. 320.08(4) a…
Fla. Stat. § 320.406 Estimate of amount of tax due and unpaid
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(1) Whenever any motor carrier neglects or refuses to make and file any report for any reporting period as required by this chapter or files an incorrect or fraudulent report, or is in default in the payment of any taxes and penalties thereon payable under this chapter, the depar…
Fla. Stat. § 320.407 Suits for collection of unpaid taxes, penalties, and interest
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Upon demand of the department, the Department of Legal Affairs or the state attorney for a judicial circuit shall bring appropriate actions, in the name of the state or in the name of the Department of Highway Safety and Motor Vehicles in the capacity of its office, for the recov…
Fla. Stat. § 320.408 Departmental warrant for collection of unpaid taxes and penalties due from motor carriers
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(1) Upon the determination of the amount of unpaid taxes and penalties due from a motor carrier, the department may issue a warrant, under its official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the goods and chattels of…
Fla. Stat. § 320.409 Tax lien on property
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If any motor carrier liable for the tax imposed by this chapter neglects or refuses to pay it, the amount of the tax, including any interest, penalty, or addition to the tax, with any cost that may accrue in addition thereto, shall be a lien in favor of the state upon all franchi…
Fla. Stat. § 320.411 Officer’s sale of property or franchise
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(1) No sheriff, receiver, assignee, general or special magistrate, or other officer shall sell the property or franchise of any motor carrier for failure to pay taxes, penalties, or interest without first filing with the department a statement containing the following information…
Fla. Stat. § 320.412 Department to furnish certificate of liens
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The department shall furnish to any person applying therefor a certificate showing the amount of all liens for tax, penalties, and interest that may be of record in the files of the department against any motor carrier under the provisions of this chapter.
Fla. Stat. § 320.413 Discontinuance or transfer of business; change of address
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(1) Whenever a person ceases to engage in business as a motor carrier by reason of the discontinuance, sale, or transfer of the business of such person, he or she shall notify the department in writing at least 10 days prior to the time the discontinuance, sale, or transfer takes…
Fla. Stat. § 320.414 Restraining and enjoining violation
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In a suit or other proceeding instituted in any court of competent jurisdiction in the name of the state by the Department of Legal Affairs or by a state attorney at the direction of the department, any motor carrier who violates any of the provisions of this chapter or who fails…
Fla. Stat. § 320.415 Authority to inspect vehicles and seize property
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(1) As a part of their responsibilities when inspecting commercial motor vehicles, the Department of Highway Safety and Motor Vehicles, the Department of Agriculture and Consumer Services, and the Department of Transportation shall ensure that all vehicles are in compliance with …
Fla. Stat. § 320.416 Cooperation of other state agencies in administration of law
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The department is empowered to call on any state agency, department, bureau, or board for any and all information which, in its judgment, may be of assistance in administering or preparing for the administration of this chapter, and such state agency, department, bureau, or board…
Fla. Stat. § 320.417 Foreclosure of liens
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The department may file an action in the name of the state to foreclose the liens provided for in this chapter. The procedure shall be the same as the procedure for foreclosure of mortgages on real estate. A certificate of the department setting forth the amount of taxes due shal…
Fla. Stat. § 320.51 Farm tractors and farm trailers exempt
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The following are exempt from the provisions of this chapter which require the registration of motor vehicles, the payment of license taxes, and the display of license plates:(1) A motor vehicle which is operated principally on a farm, grove, or orchard in agricultural or horticu…
Fla. Stat. § 320.525 Port vehicles and equipment; definition; exemption
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(1) As used in this section, the term “port vehicles and equipment” means trucks, tractors, trailers, truck cranes, top loaders, fork lifts, hostling tractors, chassis, or other vehicles or equipment used for transporting cargo, containers, or other equipment. The term includes m…
Fla. Stat. § 320.535 Airport vehicles and equipment; definition; exemption
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(1) As used in this section, the term “airport fuel trucks and equipment” means trucks, trailers, containers, and other vehicles or equipment used for transporting aviation fuel.(2) Airport fuel trucks and equipment shall be exempt from the provisions of this chapter which requir…
Fla. Stat. § 320.57 Penalties for violations of this chapter
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(1) Any person convicted of violating any of the provisions of this chapter is, unless otherwise provided herein, guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) The owner of a truck tractor and semitrailer combination or comme…
Fla. Stat. § 320.571 Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives; suspension of license
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Any person who has been charged with the commission of an offense which constitutes a misdemeanor under this chapter and who fails to comply with all of the directives of the court is subject to the provisions of s. 322.245.
Fla. Stat. § 320.58 License inspectors; powers, appointment
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(1)(a) The department shall appoint as many license inspectors and supervisors as it deems necessary to enforce the provisions of this chapter and chapters 319, 322, and 324. In order to enforce the provisions of these laws, the inspectors are empowered to enter on both publicly …
Fla. Stat. § 320.60 Definitions for ss. 320.61-320.70
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Whenever used in ss. 320.61-320.70, unless the context otherwise requires, the following words and terms have the following meanings:(1) “Agreement” or “franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer agreement…
Fla. Stat. § 320.605 Legislative intent
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It is the intent of the Legislature to protect the public health, safety, and welfare of the citizens of the state by regulating the licensing of motor vehicle dealers and manufacturers, maintaining competition, providing consumer protection and fair trade, and providing minoriti…
Fla. Stat. § 320.61 Licenses required of motor vehicle manufacturers, distributors, importers, etc
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(1) No manufacturer, factory branch, distributor, or importer (all sometimes referred to hereinafter as “licensee”) shall engage in business in this state without a license therefor as provided in ss. 320.60-320.70. No motor vehicle, foreign or domestic, may be sold, leased, or o…
Fla. Stat. § 320.615 Agent for service of process
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The acceptance by any person of a license under ss. 320.60-320.70 shall be deemed equivalent to an appointment by such person of the Secretary of State as the agent of such person upon whom may be served all lawful process in any action, suit, or proceeding against such person ar…
Fla. Stat. § 320.62 Licenses; amount; disposition of proceeds
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The initial license for each manufacturer, distributor, or importer shall be $300 and shall be in addition to all other licenses or taxes levied, assessed, or required of the applicant or licensee. Applicants may choose to extend the licensure period for 1 additional year for a t…
Fla. Stat. § 320.63 Application for license; contents
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Any person desiring to be licensed pursuant to ss. 320.60-320.70 shall make application therefor to the department upon a form containing such information as the department requires. The department shall require, with such application or otherwise and from time to time, all of th…
Fla. Stat. § 320.64 Denial, suspension, or revocation of license; grounds
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A license of a licensee under s. 320.61 may be denied, suspended, or revoked within the entire state or at any specific location or locations within the state at which the applicant or licensee engages or proposes to engage in business, upon proof that the section was violated wi…
Fla. Stat. § 320.6403 Distributor agreements; obligations of manufacturer and importer
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Notwithstanding the terms of any agreement to the contrary, no manufacturer or importer subject to the jurisdiction of this state shall:(1) Prevent or refuse to accept the succession to any interest in any distributor’s agreement with the manufacturer or importer by any legal hei…
Fla. Stat. § 320.6405 Franchise agreements; obligations of manufacturer and its agent
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Any parent, subsidiary, or common entity of a manufacturer; distributor; importer; or other entity, which by contractual arrangement or otherwise pursuant to the direction of the manufacturer, engages in the distribution in this state of line-make motor vehicles manufactured or s…
Fla. Stat. § 320.6407 Recall notices under franchise agreements; compensation
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(1) As provided in subsection (3), a licensee that has entered into a franchise agreement with a motor vehicle dealer must compensate the motor vehicle dealer for a used motor vehicle:(a) That is of the same make and model manufactured, imported, or distributed by the licensee;(b…
Fla. Stat. § 320.641 Discontinuations, cancellations, nonrenewals, modifications, and replacement of franchise agreements
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(1)(a) An applicant or licensee shall give written notice to the motor vehicle dealer and the department of the licensee’s intention to discontinue, cancel, or fail to renew a franchise agreement or of the licensee’s intention to modify a franchise or replace a franchise with a s…
Fla. Stat. § 320.6412 Franchise termination based on fraud; standard of proof
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Notwithstanding the provisions of any franchise agreement, a franchise agreement of a motor vehicle dealer may not be terminated, canceled, discontinued, or not renewed by a licensee on the basis of misrepresentation or fraud, or the filing of any false or fraudulent statements o…
Fla. Stat. § 320.6415 Changes in plan or system of distribution
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(1) A motor vehicle dealer franchise agreement shall continue in full force and operation notwithstanding a change, in whole or in part, of an established plan or system of distribution of the motor vehicles offered for sale under such franchise agreement. The appointment of a ne…
Fla. Stat. § 320.642 Dealer licenses in areas previously served; procedure
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(1) Any licensee who proposes to establish an additional motor vehicle dealership or permit the relocation of an existing dealer to a location within a community or territory where the same line-make vehicle is presently represented by a franchised motor vehicle dealer or dealers…
Fla. Stat. § 320.643 Transfer, assignment, or sale of franchise agreements
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(1)(a) Notwithstanding the terms of any franchise agreement, a licensee shall not, by contract or otherwise, fail or refuse to give effect to, prevent, prohibit, or penalize or attempt to refuse to give effect to, prohibit, or penalize any motor vehicle dealer from selling, assig…
Fla. Stat. § 320.644 Change of executive management control; objection by licensee; procedure
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(1) Notwithstanding the terms of any franchise agreement, a licensee shall not, by contract or otherwise, fail or refuse to give effect to, prevent, prohibit, or penalize, or attempt to refuse to give effect to, prevent, prohibit, or penalize any motor vehicle dealer from changin…
Fla. Stat. § 320.645 Restriction upon ownership of dealership by licensee
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(1) A licensee, a manufacturer, an importer, or a distributor, or an agent of the licensee, manufacturer, importer, or distributor, or a parent, a subsidiary, a common entity, an officer, or an employed representative of the licensee, manufacturer, importer, or distributor, may n…
Fla. Stat. § 320.646 Consumer data protection
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(1) As used in this section, the term:(a) “Consumer data” means “nonpublic personal information” as such term is defined in 15 U.S.C. s. 6809(4) collected by a motor vehicle dealer and which is provided by the motor vehicle dealer directly to a licensee or third party acting on b…
Fla. Stat. § 320.664 Reinstatement of license
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When any license has been revoked or suspended by the department pursuant to the provisions of ss. 320.60-320.70, the department may for good cause reinstate the license of any former licensee under ss. 320.60-320.70, if it determines that the former licensee is rehabilitated, me…
Fla. Stat. § 320.67 Violations by dealers; complaint; conduct of inquiry; inspection of records; penalties
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(1) The department shall conduct an inquiry of a licensee relating to any written complaint alleging a violation of any provision of ss. 320.61-320.70 against such licensee made by a motor vehicle dealer with a current franchise agreement issued by the licensee, or a motor vehicl…
Fla. Stat. § 320.68 Revocation of license held by firms or corporations
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If an applicant or licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license that any officer, director, or trustee of the firm or corporation, or any member in case of a partnership, has been guilty of an act or omissi…
Fla. Stat. § 320.69 Rules
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The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this law.
Fla. Stat. § 320.695 Injunction
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In addition to the remedies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department, or any motor vehicle dealer in the name of the department and state and for the use and benefit of the motor vehicle dealer, is authorized to mak…
Fla. Stat. § 320.696 Warranty responsibility
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(1)(a) A licensee shall timely compensate a motor vehicle dealer who performs work to maintain or repair a licensee’s product under a warranty or maintenance plan, extended warranty, certified pre-owned warranty, or a service contract, issued by the licensee or its common entity,…