Chapter 686 — Chapter 686
36 sections in this chapter.
Fla. Stat. § 686.30 Contract agreements for repair parts for motor vehicles and trucks; termination must be done in good faith; definition of good cause; prohibited practices; failure to pay sum specified on cancellation of contract; liability
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(1) Any manufacturer of repair parts for motor vehicles or trucks who enters into a contract with a distributor of repair parts whereby the distributor agrees to maintain a stock of parts may not terminate or cancel any such contract with the distributor without good cause.(2) Fo…
Fla. Stat. § 686.40 Agricultural Equipment Manufacturers and Dealers Act
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Sections 686.40-686.418 shall be known by the popular name the “Agricultural Equipment Manufacturers and Dealers Act.”
Fla. Stat. § 686.401 Legislative finding and intent; construction of ss. 686.40-686.418
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(1) The Legislature finds and declares that the distribution and sale of equipment primarily designed for or used in agriculture in this state vitally affects the general economy of the state, the public interest, and the public welfare and that, in the exercise of its police pow…
Fla. Stat. § 686.402 Definitions of terms used in ss. 686.40-686.418
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In construing ss. 686.40-686.418, unless the context otherwise requires, the word, phrase, or term:(1) “Dealer” means a person who sells, solicits, or advertises the sale of new and used equipment to the consuming public, but does not include:(a) A public officer while performing…
Fla. Stat. § 686.403 Application of ss. 686.40-686.418
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(1) Any person who engages directly or indirectly in purposeful agreements or contracts within this state in connection with the sale or advertising for sale of new equipment and parts is subject to ss. 686.40-686.418 and to the jurisdiction of the courts of this state for violat…
Fla. Stat. § 686.405 Warranty agreements; claims; compensation of dealers
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(1) Every manufacturer, distributor, wholesaler, factory branch or division, distributor branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers …
Fla. Stat. § 686.406 Parts; availability; return
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(1) Every manufacturer shall specify, and every dealer shall provide and fulfill, reasonable predelivery and preparation obligations for its equipment prior to delivery of the equipment to retail purchasers.(2) Every manufacturer shall provide for the availability of repair parts…
Fla. Stat. § 686.407 Repurchase of inventory upon termination of franchise agreement; establishment or relocation of dealership; sale or lease of new equipment
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(1) Whenever any dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler in which agreement the dealer agrees to maintain an inventory of equipment or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or who…
Fla. Stat. § 686.408 Repurchase of inventory upon death or incapacity of dealer
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(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under th…
Fla. Stat. § 686.409 Compensation for inventory upon refusal to renew, termination of, or restriction on transfer of a franchise
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It is unlawful for the manufacturer, distributor, wholesaler, or franchisor, without due cause, to fail to renew a franchise on terms then equally available to all of its dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee receives …
Fla. Stat. § 686.41 Indemnification of dealer with respect to legal actions
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A manufacturer, distributor, or wholesaler shall fully indemnify and hold harmless his or her dealer against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of any complaint, claim, or lawsuit involving, but not limited …
Fla. Stat. § 686.413 Unlawful acts and practices
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Unfair methods of competition and unfair or deceptive acts or practices in the conduct of the manufacturing, distribution, wholesaling, franchising, sale, and advertising of equipment are declared to be unlawful.(1) It is deemed a violation of this section for any manufacturer, f…
Fla. Stat. § 686.415 Unenforceable contract or franchise agreement
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Any contract or franchise agreement or part thereof or practice thereunder which is in violation of any provision of ss. 686.40-686.418 is deemed against public policy and is void and unenforceable.
Fla. Stat. § 686.417 Remedies
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(1) In addition to temporary, preliminary, or final injunctive relief as provided in s. 686.413(3)(c)1., any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in ss. 686.40-686.418 may bring an action therefor in the appropriate…
Fla. Stat. § 686.418 Effect of act on other remedies
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Sections 686.40-686.418 are supplemental to and do not preempt local ordinances dealing with prohibited or unlawful conduct in the manufacturing, distribution, wholesaling, advertising, or sale of equipment if such ordinances are not inconsistent with such sections.
Fla. Stat. § 686.501 Definitions; ss. 686.501-686.506
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As used in ss. 686.501-686.506:(1) “Art” means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, print, photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber, wood, tile, metal, plast…
Fla. Stat. § 686.502 Consignment relationship; notice; proceeds of sales held in trust; contract requirements
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(1) Whenever a consignor delivers, or causes to be delivered, a work of art to a consignee for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation, the delivery to and acceptance thereof by the art dealer is deemed to be…
Fla. Stat. § 686.503 Contract provisions
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Whenever a consignee accepts a work of art for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation, there shall be a written contract or agreement between the consignor and consignee which shall include, but not be limit…
Fla. Stat. § 686.504 Warranties by art dealers; written statement; terminology
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Any provision in any other law to the contrary notwithstanding:(1) When an art dealer, in selling or changing a work of art, furnishes to a buyer of such work who is not an art dealer a written instrument which, in describing the work, identifies it with any authorship, the descr…
Fla. Stat. § 686.505 Construction of language
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Words relevant to the creation of an express warranty of authenticity of authorship of a work of art and words tending to negate or limit warranty shall be construed where reasonable as consistent with each other by parol or extrinsic evidence; negation or limitation is inoperati…
Fla. Stat. § 686.506 Rights and liabilities, additional; merchant’s liability
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(1) The rights and liabilities created by ss. 686.501-686.506 shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights and liabilities provided by law, including the law of principal and agent except where the construction would,…
Fla. Stat. § 686.60 Short title
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Sections 686.601-686.614 may be cited as the “Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, and Servicing Dealers Act.”
Fla. Stat. § 686.601 Legislative finding and intent; construction
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(1) The Legislature finds and declares that the distribution and sale of outdoor power equipment in this state vitally affects the general economy of the state, the public interest, the public safety, the ecology of this state, and the public welfare and that, in the exercise of …
Fla. Stat. § 686.602 Definitions of terms used in ss. 686.601-686.614
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In construing ss. 686.601-686.614, unless the context otherwise requires, the word, phrase, or term:(1) “Dealer” or “servicing dealer” means a person who sells, solicits, or advertises the sale of new or used outdoor power equipment to the consuming public and services such equip…
Fla. Stat. § 686.603 Application
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(1) Any person who engages directly or indirectly in purposeful agreements or contracts within this state in connection with the sale or advertising for sale of new outdoor power equipment and parts is subject to ss. 686.601-686.614 and to the jurisdiction of the courts of this s…
Fla. Stat. § 686.604 Warranty agreements; claims; compensation of dealers
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(1) Every manufacturer, distributor, wholesaler, factory branch or division, distributor branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new outdoor power equipment which it sells and shall fairly compensate each o…
Fla. Stat. § 686.605 Parts; availability; return
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(1) Every manufacturer, distributor, and wholesaler shall specify, and every dealer shall provide and fulfill, reasonable predelivery and preparation obligations for its outdoor power equipment prior to delivery of the outdoor power equipment to retail purchasers.(2) Every manufa…
Fla. Stat. § 686.606 Repurchase of inventory upon termination of dealer agreement
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(1) Whenever any dealer enters into a dealer agreement with a manufacturer, distributor, or wholesaler in which agreement the dealer agrees to maintain an inventory of outdoor power equipment or repair parts and the agreement is subsequently voluntarily or involuntarily terminate…
Fla. Stat. § 686.607 Repurchase of inventory upon death or incapacity of dealer
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(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under th…
Fla. Stat. § 686.608 Compensation for inventory upon refusal to renew, termination of, or restriction on transfer of a dealer agreement
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It is unlawful for the manufacturer, distributor, or wholesaler, without due cause, to fail to renew a dealer agreement on terms then equally available to all their dealers, to terminate an agreement, or to restrict the transfer of an agreement unless the dealer receives fair and…
Fla. Stat. § 686.609 Indemnification of dealer with respect to legal actions
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A manufacturer, distributor, or wholesaler shall fully indemnify and hold harmless a dealer against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of any complaint, claim, or lawsuit involving, but not limited to, stric…
Fla. Stat. § 686.611 Unlawful acts and practices
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Unfair methods of competition and unfair or deceptive acts or practices in the conduct of the manufacturing, distribution, wholesaling, sale, and advertising of outdoor power equipment are declared to be unlawful.(1) It is deemed a violation of this section for any manufacturer, …
Fla. Stat. § 686.612 Unenforceable contract or agreement
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Any contract or dealer agreement or part thereof or practice thereunder which is in violation of any provision of ss. 686.601-686.614 is deemed against public policy and is void and unenforceable.
Fla. Stat. § 686.613 Remedies
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(1) In addition to temporary, preliminary, or final injunctive relief as provided in s. 686.611(3)(c)1., any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in ss. 686.601-686.614 may bring an action therefor in the appropriat…
Fla. Stat. § 686.614 Effect of act on other remedies
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Sections 686.601-686.614 are supplemental to and do not preempt local ordinances dealing with prohibited or unlawful conduct in the manufacturing, distribution, wholesaling, advertising, or sale of outdoor power equipment and other items of outdoor power equipment if such ordinan…
Fla. Stat. § 686.701 Reimbursement of federal excise taxes on motor fuel
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(1)(a) If a fuel supply contract requires one party to reimburse another party for the federal excise tax imposed by 26 U.S.C. s. 4081, whether as a separate item or as part of the contract price, the reimbursing party, at its option and notwithstanding contrary terms of the cont…