320.697 – Civil Damages.
320.697 Civil damages.—Any person who has suffered pecuniary loss or who has been otherwise adversely affected because of a violation by a licensee of ss. 320.60-320.70, notwithstanding the existence of any other remedies under ss. 320.60-320.70, has a cause of action against the licensee for damages and may recover damages therefor in any court of competent […]
320.6407 – Recall Notices Under Franchise Agreements; Compensation.
320.6407 Recall notices under franchise agreements; compensation.— (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) That is subject to […]
320.6975 – Procedures and Remedies Applicable to Distributor Agreements.
320.6975 Procedures and remedies applicable to distributor agreements.—All procedures and remedies specified in ss. 320.641 and 320.697 shall be available to a distributor whose distributor agreement is discontinued, canceled, not renewed, modified, or replaced by an importer. History.—s. 2, ch. 90-78; s. 2, ch. 91-201; s. 4, ch. 91-429; s. 3, ch. 2017-187.
320.641 – Discontinuations, Cancellations, Nonrenewals, Modifications, and Replacement of Franchise Agreements.
320.641 Discontinuations, cancellations, nonrenewals, modifications, and replacement of franchise agreements.— (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 succeeding […]
320.698 – Civil Fines; Procedure.
320.698 Civil fines; procedure.—In addition to the exercise of other powers under ss. 320.60-320.70, the department is authorized to assess, impose, levy, and collect by legal process civil fines against licensees as follows: (1) The department may fine any licensee who refuses to furnish all information required under s. 320.63, furnishes erroneous information, or fails to notify […]
320.6412 – Franchise Termination Based on Fraud; Standard of Proof.
320.6412 Franchise termination based on fraud; standard of proof.—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 or claims with the licensee, […]
320.6415 – Changes in Plan or System of Distribution.
320.6415 Changes in plan or system of distribution.— (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 new importer or distributor […]
320.642 – Dealer Licenses in Areas Previously Served; Procedure.
320.642 Dealer licenses in areas previously served; procedure.— (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 shall give written notice of […]
320.643 – Transfer, Assignment, or Sale of Franchise Agreements.
320.643 Transfer, assignment, or sale of franchise agreements.— (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, assigning, transferring, alienating, or otherwise […]
320.58 – License Inspectors; Powers, Appointment.
320.58 License inspectors; powers, appointment.— (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 owned and privately owned property and […]