CopyCited 40 times | Published | Supreme Court of Florida
...farm and such benefit extended to using the truck to reach the farm or to return to his headquarters over the public highways but without being loaded. Relator takes the position that such a view would be meaningless for the reason that according to Section 320.01(19), Florida Statutes, F.S.A., a "farm tractor" and a "farm trailer" are defined as follows: "(19) A `farm tractor' is hereby defined to be a motor vehicle operated principally upon a farm, grove, or orchard in agricultural or horticul...
...rm trailers are completely exempted from motor vehicle registration. In this regard we are of the view that the relator again has by its interpretation extended and broadened the meaning of "farm tractor" beyond that contemplated by the Legislature. Section 320.01(11), Florida Statutes, F.S.A., defines a "tractor" as including "any motor vehicle having four or more wheels designated or used for drawing other vehicles, but having no provision for carrying loads independently." Relator contends th...
CopyCited 23 times | Published | Supreme Court of Florida
...in his business. So considered, the vehicle appears to come within the definition of a "truck" rather than an "automobile," since the state required it to carry a truck license under the applicable provisions of Sections 186.03(57), 317.011(58), and 320.01(10), Florida Statutes, F.S.A.F.S. Section 320.01(10), F.S.A., provides in part: "(10) `Trucks' includes any motor vehicle designed or used principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack or other...
CopyCited 20 times | Published | Supreme Court of Florida
...The legislature has recently specifically so defined it in section
316.003(68), Florida Statutes (1983), which states: (68) GOLF CART. A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. The same definition of golf cart is also set forth in section
320.01(22), Florida Statutes (1983)....
CopyCited 17 times | Published | Supreme Court of Florida | 1964 Fla. LEXIS 2299
...Other provisions of this chapter relating to trade-ins are applicable to motor vehicles; however, all transfers of title to motor vehicles are presumed to be a taxable transaction until otherwise shown. The term `motor vehicles' as used in this subsection shall have the same meaning ascribed in section
320.01(1), Florida Statutes, when used in the plural form; AND SHALL INCLUDE THE PURCHASE OF A MOTOR VEHICLE TO BE USED EXCLUSIVELY FOR RENTAL PURPOSES; however, any vehicle required to be licensed under section
320.08, Florida Statutes, with...
CopyCited 16 times | Published | Supreme Court of Florida
...principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack, or other equipment for the purpose of carrying merchandise other than the person or effects of the passengers." § 320.01(13), Fla....
...NOTES [1] Chapter 78-180, Laws of Florida, amended the seventh enumerated clause of section
570.15(1)(a), effective June 8, 1978, to read: Motor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, and motor homes as defined in s.
320.01(1)(b); §
570.15(1)(a)7., Fla....
CopyCited 12 times | Published | United States Bankruptcy Court, S.D. Florida. | 29 Collier Bankr. Cas. 2d 1389, 7 Fla. L. Weekly Fed. B 246, 1993 Bankr. LEXIS 1378
...a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in §
316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use." F.S. §
320.01(1)(b)(4) (West 1991)....
...a structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein . . . F.S. § 320.01(2) (West 1991)....
CopyCited 8 times | Published | Supreme Court of Florida
...over the public streets and highways of this State, and propelled by power other than muscular power, except traction engines, road rollers, and such vehicles as run only upon a track." Without material change, this definition obtains today in F.S. Section 320.01(1), F.S.A. The same connotation appears in the definition of trailers in Section 320.01(5): "* * * vehicles coupled to, or drawn by, a motor vehicle." In F.S....
...1962,
145 So.2d 228. [4] Safety regulations, F.S. Section 317.922 F.S.A., prohibit transportation of or occupancy by passengers in such vehicles while in transit, and their construction and design obviously precludes cargo transportation generally. [5] Secs. 200.45;
320.01(1), (5); 186.03(22), (56); 217.011(57).
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Section
627.730, et seq., Florida Statutes (1971). Section
627.733, Florida Statutes (1971), provides that every owner or registrant of a motor vehicle required to be registered and licensed in the State of Florida shall maintain security on such vehicle. Section
320.01, Florida Statutes (Supp....
...which shall be operated or driven upon the highways of this state, or which shall be maintained in this state, shall for each such vehicle so owned, cause to be filed by mail or otherwise, ... a certified application for registration of same ..." (Emphasis added) In discussing the relationship between §
320.01 and the emphasized language of §
320.02, the Florida Supreme Court stated in the case of Green v....
...nts set forth in the Florida Statutes. However, the perpetual registration requirement of the Statutes of the State of Florida remains applicable only so long as the instrumentality continues to meet the definition of "motor vehicle" as set forth in §
320.01, Florida Statutes (1972). Section
320.01, Florida Statutes (1972), sets forth three requisites which must be fulfilled before an instrumentality can be legally defined as a "motor vehicle" and therefore be subject to the registration requirement set forth in the Florida Statutes. First, the instrumentality must be operated over the public streets and highways of this state or maintained for that purpose. Section
320.01, Florida Statutes (1972), Section
320.02, Florida Statutes (1975); Green v....
...Finally, the instrumentality must be propelled by other than muscular power. The choice of the conjunctive "and" by the legislature in drafting this provision indicates that it was the intent of the framers to require that all three of the requirements set forth in § 320.01, Florida Statutes, be met before an instrumentality is defined by law as a "motor vehicle." In applying the statutory definition of "motor vehicle," we hold that an automobile, which has been rendered inoperable due to mechanical failure or...
...licensed nor to maintain security under the provisions of the Florida Automobile Reparations Reform Act. It is clear that an automobile rendered inoperable due to mechanical defects cannot possibly fulfill any of the three requirements set forth in § 320.01, Florida Statutes....
...The automobile while being stored may remain garaged and be totally inoperable for a time period of many months, although the operator is possessed with the intent to place that automobile back on the roadway at some indefinite future date in a restored condition. Surely the legislature in drafting §
320.01, §
320.02 and §
627.733, Florida Statutes, did not intend that the law require that individual to maintain current registration and suffer the burden of paying insurance premiums for an automobile for which there exists no possibility of being involved in an automobile accident on the public roadways....
...erated over the public streets and highways of this state. Again, the opinion of the Florida Supreme Court in Green v. Pederson, supra, is instructive: "The primary purpose of the particular provisions of our Motor Vehicle License Law here involved [§
320.01, §
320.02] is to regulate the operation of motor vehicles *353 on the highways and streets of this state....
...I would, therefore, affirm the judgment based upon the decision in Tapscott. NOTES [1] For a discussion of the status of house trailers as "motor vehicles" see Palethorpe v. Thomson,
171 So.2d 526 (Fla. 1965). [2] Under discussion in the Green case was former §
320.01, Florida Statutes (1951), which defined "motor vehicle" to include: "(1) ......
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 1278823
...In later years it has been applied to trucks, buses, tow-motors and other motorized vehicles." In a 4-3 decision, the court held that a golf cart falls within the doctrine due, in part, to Florida statutes that specifically define the term "golf cart" as a motor vehicle. Id. (citing to sections
316.003(68) and
320.01(22), Florida Statutes (1983))....
...e operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles or mopeds. Section 320.01 (2003)(emphasis added). However, section 320.01 defines "motor vehicles" in a manner that appears to exclude go-karts, because it limits the definition to vehicles, such as automobiles and trucks, which are "operated on the roads of the state" and excludes "such vehicles as run only...
CopyCited 6 times | Published | Supreme Court of Florida
...ained of were illegal. Defendant notes that §
570.15(1)(a) gives agricultural inspectors full access to "[m]otor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, and motor homes as defined in s.
320.01(1)(b)" (emphasis added), and that §
570.15(2) makes it unlawful for a truck to pass an inspection station without stopping for inspection. He then contends that his van was customized in such a fashion that it clearly is a motorhome, as defined in §
320.01(1)(b) and thus was exempt from the provisions of §§
570.15(1)(a)7 and
570.15(2)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...s not fall within the definition of "motor vehicle" established by law, [6] and is therefore neither required to be registered and licensed [7] nor be insured under the Florida Automobile Reparations Reform Act. The Sherman court found that Sections
320.01,
320.02 and
627.733, Florida Statutes (1975) were required to be considered together, and that, so considered, no legislative intent could be discerned which would require the owner of an inoperable automobile to maintain current registration...
...Leatherby Insurance Company,
338 So.2d 70 (Fla. 3rd DCA 1976), cert. denied
345 So.2d 429 (Fla. 1977) (decided prior to Sherman ), reached a conclusion opposite to that in Sherman, but the Williams' opinion does not disclose what the *900 court considered to be the effect, if any, of Sections
320.01 and
320.02, Florida Statutes (1975) [10] ....
...or motor vehicles "which are neither operated over the public streets or highways of Florida nor maintained for that purpose" ( Tapscott opinion, page 477, citing Kotich v. Criterion Ins. Co.,
38 Fla. Supp. 199 (C.C. Escambia Co. 1973), and Sections
320.01(1)(a),
320.02(1), and 320.35, Florida Statutes (1975))....
...or subparagraph 2., provided the relative at the time of the accident is domiciled in the owner's household and is not himself the owner of a motor vehicle with respect to which security is required under ss.
627.730-627.741." [5] See footnotes 1-4, supra. [6] Section
320.01(1)(a), Florida Statutes (1975) defines "motor vehicle", to include: "Automobiles, ......
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 3349, 1993 WL 84491
...Because a trailer is defined as a motor vehicle in Chapter 320 of the Florida Statutes which pertains to motor vehicle licensing requirements, appellant contends that the trial court's failure to categorize a trailer as a motor vehicle for purposes of the dangerous instrumentality doctrine was erroneous. See § 320.01(1)(a), Fla....
...e motor carrier industry. Florida shall consolidate all requirements imposed on motor carriers operating in this state and shall actively negotiate reciprocal agreements and compacts with other jurisdictions to accomplish the intent of this chapter. § 320.0104(2), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Similar definitions of motor vehicles and vehicles are found in sections
320.01,
322.01, and
520.02(7), Florida Statutes (1983)....
...In Montanez v. State,
377 So.2d 980 (Fla. 2d DCA 1979), Montanez was charged and convicted of grand theft of a motor vehicle after he stole a Caterpillar motor grader. This court held that a motor grader is not a motor vehicle under the statutory definition of section
320.01(1)(a), Florida Statutes (1977), which specifically excluded traction engines....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...This court has previously held that the Financial Responsibility Laws are not to be read in pari materia to the uninsured motorist laws. Johns v. Liberty Mutual Fire Insurance Company,
337 So.2d 830 (Fla.2d DCA 1976). The registration statute also provides that its definitions are to be used "in construing these statutes." Section
320.01, Fla. Stat. (1977). Further, the registration definition of motor vehicle is not exclusive. The statute states that motor vehicle "includes" certain types of vehicles. Section
320.01(1)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17084
...pe required to be registered and licensed under Florida law... ." The registration and licensing requirements of Florida motor vehicles are set out under Chapter 320, which specifically includes automobile within its definition of motor vehicle. See Section 320.01(1)(a)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3408037
...nd does not fall within any of the exclusions (including motorized bicycle) listed in section
322.01(26), it is by definition a motor vehicle under this subsection. We also note that Inman's vehicle fits the definition of "electric vehicle" found in section
320.01(37), Florida Statutes (2004): "Electric vehicle" means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current. (Emphasis added.) This definition applies to the entire Florida Statutes except as otherwise provided, §
320.01, and there is no separate definition of "electric vehicle" in section
322.01....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12804, 2016 WL 4445937
...law.” Bell v. State,
152 So.3d 714, 717 (Fla. 4th DCA 2014) (quoting Krause v. State,
98 So.3d 71, 73 (Fla. 4th DCA 2012)). Florida’s grand theft statute does not define “motor vehicle.” See §§
812.012,
812.014, Fla. Stat. (2013). However, section
320.01, Florida Statutes, which is part of the Motor Vehicle Licenses Chapter, provides: As used in the Florida Statutes, except as otherwise provided, the term: (1) “Motor vehicle” means: *415 (a) An automobile, motorcycle, truck, traile...
...er than muscular power.... [[Image here]] (4) “Trailer” means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle. § 320.01, Fla....
...Here, the stolen trailer had no engine, and instead was designed to be hitched to and drawn by a separate vehicle with no part of its weight or that of its load resting upon the towing vehicle. This met the definition of a motor vehicle provided in section 320.01, Florida Statutes, and thus the trailer was a motor vehicle for purposes of Florida’s grand theft statute....
...Therefore, we hold that the trial court did not err in denying Appellant’s motion for judgment of acquittal on the burglary of a dwelling charge. 2 Conclusion We affirm each of the three issues on appeal. We hold that the definition of “motor vehicle” provided in section 320.01, Florida Statutes, is the proper definition to be applied to charges of grand theft....
CopyCited 4 times | Published | United States Bankruptcy Court, N.D. Florida | 1991 Bankr. LEXIS 1271, 22 Bankr. Ct. Dec. (CRR) 31, 1991 WL 170962
...It has been on the property since 1983. It is tied down to the ground and has skirting around the base of it. A porch has been constructed connecting to the mobile home. The mobile home has been classified and taxed as real property pursuant to the provisions of Chapter 320.015, Florida Statutes relating to taxation of mobile homes which provides: (1) A mobile home as defined in § 320.01(2) regardless of its actual use shall be subject only to a license tax unless classified and taxed as real property....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 256189
...Importantly, all property exempt from taxation under this provision share a common characteristicmobility. In its effort to implement both article VII, section 4 and article VII, section 1 of the Florida Constitution, the Legislature passed three statutes that we must consider. Section 320.01(2)(a), Florida Statutes (1996) provides: "Mobile home" means a structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when...
...[2] If our inquiry stopped there, Appellants would clearly be entitled to relief because their homes fit within this definition, thus allowing them to claim exemption from ad valorem taxation under article VII, section 1(b). However, we must consider the effect of section 320.015(1), Florida Statutes (1996) that provides: A mobile home, as defined in s. 320.01(2), regardless of its actual use, shall be subject only to a license tax unless classified and taxed as real property....
...Powers,
351 So.2d 32, 40 (Fla.1977). The doctrine of in pari materia requires courts to construe related statutes together so that they illuminate each other and are harmonized. Singleton v. Larson,
46 So.2d 186 (Fla.1950). This rule requires us to construe sections
193.075(1),
320.01(2)(a) and
320.015(1) together and to harmonize them, if possible....
...ile homes, as defined by law, shall ... not be subject to ad valorem taxes." However, that contention overlooks the portion of article VII, section 1(b) which qualifies the term "mobile homes" by the phrase "as defined by law." The law, by virtue of section 320.015(1), Florida Statutes (1987), takes mobile homes which are permanently affixed to land owned by the mobile home owner out of the definition of mobile homes, as referred to in article VII, section 1(b) and puts them into the category of taxable real property....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...(s. 1, ch. 72-339). In 1972 the recreational vehicle industry recorded sales of over 2.5 billion dollars for the year. By 1973 the legislature had made it clear that a mobile home was not the same as a motor home. The term "mobile home" according to section 320.01(1)(b), Florida Statutes (Supp....
...978 the legislature's definitions were poorly drafted. For example, the *346 term "mobile home" once referred to a variety of vehicles including house trailers and "chassis mounts" (campers which are mounted on the body of a small truck). See, e.g., § 320.01, Fla. Stat. (1971). However, in 1978 the legislature's definitions were harmonized with generally accepted terminology. [3] In that year section 320.01 was amended and the definition of "mobile home" was restricted to a structure built on an integral chassis designed to be used as a dwelling. § 320.01(2), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...operating his automobile on a private road, not a public highway or street and appellant contends that for this reason Section 320.59, Florida Statutes, F.S.A. (known as the Florida Guest Statute) is not applicable because said Section 320.59 is by Section 320.01(1), Florida Statutes, F.S.A., restricted and limited in its application to automobiles when operated on a public highway or street....
...out charge to damages caused by negligence that was gross or misconduct that was wanton. When the act is considered as a whole the predominant *146 feature is the degree of negligence and not the relationship between the driver and the owner * * *." Section 320.01, Florida Statutes, F.S.A., in part reads, "In construing these statutes, when applied to motor vehicles, where the context permits, the word, phrase or term: "(1) `Motor vehicle' includes automobiles, motorcycles, motor trucks and all other vehicles operated over the public highways and streets of this state and propelled by power other than muscular power, but does not include traction engines, road rollers and such vehicles as run only upon a track. * * *" This section 320.01 was first enacted substantially in its present form as Section 1 of Chapter 7275, Acts of 1917, entitled, "An Act to License and Regulate the Running of Motor Vehicles on the Public Highways, and to Provide for the Registration Thereof...
...and since this guest statute was not enacted until twenty years after the enactment of the aforesaid Chapter 7275 and was included in Chapter 320, Florida Statutes of 1953, F.S.A., only in the compilation or codification of our statutes, and because Section 320.01 above quoted does not by its terms apply or purport to apply to every section of said Chapter 320, but provides that in construing these statutes when applied to motor vehicles "where the context permits" (emphasis supplied) "the word, phrase or term: (1) `motor vehicle' includes automobiles * * * operated over the public highways and streets of this state * * *", we are unable to agree with appellant's contention that this guest statute is by Section 320.01 limited or restricted to automobiles when operated upon a public highway or street....
...uch operator. We are unable to agree that the legislature in the enactment of our guest statute intended to limit or restrict its application in such manner as to create situations such as above illustrated, or that it is so limited or restricted by Section 320.01, Florida Statutes, F.S.A., above quoted....
...uest sought to recover damages from his host for the negligent operation by the host of his automobile on a private road or place, except in Sproule v. Nelson, Fla.,
81 So.2d 478, where the following language was used: "From F.S. Sections 320.59 and
320.01(1) F.S.A....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 2320804, 2013 Fla. App. LEXIS 8474
...1st DCA 2010) (setting forth five-part test for owner-operator status). As used in the Florida Statutes, the term “motor carrier” generally means “any person owning, controlling, operating, or managing any motor vehicle used to transport persons or property over any public highway.” § 320.01(33), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...y construction lead us to conclude that the 1977 law considered mobile homes to be personal property. Thus they were exempted from the purview of section
627.702, Florida Statutes (1977), by reason of subsection (4). At the time of plaintiffs' loss, section
320.01, Florida Statutes (1977), defined "mobile home" as any type of trailer or vehicle body without independent motive power designed for travel or housing....
...2 refers to this new definition of mobile home. Ch. 79-237, § 1, Laws of Fla. Subsection (1) was amended from only applying to total losses of "any building or structure" to apply to losses of "any building or structure or mobile home as defined in s. 320.01(2)......
...of Funeral Directors & Embalmers,
334 So.2d 563 (Fla. 1976). This same legislative amendment added language to except mobile homes from the personal property exclusion: (4) This section shall not apply as to personal property or any interest therein, except with respect to mobile homes as defined in s.
320.01(2) .......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 9 Fla. L. Weekly 1757, 1984 Fla. App. LEXIS 14595
...... ." §
627.733(1), Fla. Stat. (1981). Section
320.02(1), Florida Statutes (1981), in turn requires registration for motor vehicles "which shall be operated or driven upon the highways of the state, or which shall be maintained in this state... ." Section
320.01(1)(a), Florida Statutes (1981), defines "motor vehicle" as "vehicles operated over the public streets and highways of this state and used as a means of transporting persons or property over the public streets and highways and propelled by power other than muscular power......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3238282, 2012 Fla. App. LEXIS 13358
...ly function[;] (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement[;] (c) Significant and permanent scarring or disfigurement[;] [or] (d) Death.” Ms. Jiminez, as a statutory nonresident, see section 320.01(35), (36), Florida Statutes (1997), became subject to Florida’s no-fault law requirements because she owned and operated a vehicle in the state and was required to register that vehicle....
CopyCited 1 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 13358, 1995 WL 544743
...anual”) (D-17, Ex. 1-A, ¶ 11(b)). Section 3D of the Manual provides *860 specific guidelines for warranty parts reimbursement. 2 In addition to the contractual warranty obligations between the parties, the Florida Automobile Dealer Act, Fla.Stat. § 320.01 et seq....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 3357518, 2013 Fla. App. LEXIS 10754
...partial summary judgment. We respectfully disagree with the trial court’s analysis. Angelotta argues that the modifications made to the vehicle in question brought the vehicle within the statutory definition of a “low-speed vehicle.” We agree. Section 320.01(22), Florida Statutes (as amended effective Jan....
...By contrast, a “low-speed vehicle” is defined as “any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s.
316.2122.” §
320.01(42), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 125, 1987 Fla. App. LEXIS 11816, 1987 WL 29156
...These various definitions should be read pari materia. [3] In determining that the motor vehicles owned by Crane were not motor vehicles, the court below relied upon the definition provided in Chapter 320, relating to the licensing of motor vehicles: 320.01 Definitions, general....
...is state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s.
316.003(2). §
320.01(1)(a), Fla....
...The primary purpose of these vehicles is for their use as cranes in construction. These vehicles are not used for the primary purpose of transporting persons or property. Although the cranes transport a driver, and some of the cranes also carry a crane operator, section 320.01(12) excludes the driver from the definition of passenger....
...le personal property subject to state license taxes. [1] *400 The Florida legislature has implemented this constitutional plan of taxation by defining motor vehicles (the class of vehicular tangible personal property included in this controversy) in section
320.01(1), [2] Florida Statutes, and by imposing a state motor vehicle license tax in section
320.08, Florida Statutes. As defined in section
320.01(1) a motor vehicle includes: (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and pr...
...es not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s.
316.003(2). In addition, in order to administer and enforce the law imposing a license on motor vehicles, the legislature, by section
320.011, Florida Statutes, has authorized the Department of Highway Safety and Motor Vehicles to classify motor vehicles subject to license tax into certain tax class codes for the purpose of providing and applying different rates of tax, and...
...he piece of machinery, whether carried on the truck bed or either temporarily or permanently mounted, had a separate usefulness and value, and could be separately assessed ad valorem taxes. At that point in time, all vehicles fell into the clause in section 320.01(1) as being "used to transport persons or property." Also at that time, it was reasonable, as the Attorney General suggested, [4] that extra equipment and devices not necessary or proper for the motor vehicle's operation should not be...
...For example, the stabilizers or outriggers essential for use of a crane are incorporated into the lower or carrier portion of the crane. Doubtless, this is the reason the Department of Highway Safety and Motor Vehicles found it necessary to extend the restrictive language of section 320.01(1)(a), Florida Statutes, by promulgating its vehicular tax code class 94 to include such integrated units as "vehicles so constructed and designed as tools and not hauling units." Likewise, it is absolutely no solution to the taxation...
...operty. [2] This case involves only the question of whether the self-propelled cranes in question are "motor vehicles" for the purpose of being subject to the state motor vehicle license tax imposed by section
320.08, Florida Statutes, as defined in section
320.01(1), and by the Department of Highway Safety and Motor Vehicles pursuant to section
320.011....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2133, 1988 Fla. App. LEXIS 4046, 1988 WL 93299
...Chapter 212 is a revenue act authorizing a tax on various business transactions. Between 1981 and 1985 the act defined “business” to include occasional and isolated sales of motor vehicles, and “tangible personal property” to include motor vehicles as described in section 320.01(1), Florida Statutes....
...The trial court did not apply the amendments retroactively, but rather construed the statutes in existence between 1981 and 1985 as authorizing a sales tax on occasional and isolated mobile home transactions. Appellants further assert that, since mobile homes were not identified as motor vehicles under section 320.01(1) between 1981 and 1985, they were not encompassed within the statutory reference to this section in chapter 212. But this reference was adopted in 1971, when mobile homes were identified in section 320.01(1)....
...da Statutes, and has been approved by the Florida Supreme Court. See Overstreet v. Blum,
227 So.2d 197 (Fla.1969). The legislative history of chapter 212 does not suggest a contrary intent, and the continued reference to motor vehicles as defined in section
320.01(1) relates to the 1971 version of that statute, encompassing mobile homes....
...Between 1981 and 1985 chapter 212 expressly provided for a tax upon occasional and isolated sales of motor vehicles required to be licensed, as well as other business sales. See section
212.05(l)(a)l, Florida Statutes (1984). Chapter 320 required the licensing of mobile homes. See e.g., sections
320.015;
320.08(10);
320.0815, Florida Statutes (1984). These provisions, together with the incorporated definitional *1052 reference of mobile homes as motor vehicles under section
320.01(1), Florida Statutes (1971), authorized the contested taxes in the present case....
CopyPublished | Supreme Court of Florida
...State,
210 So. 3d 641 (Fla. 2017), to add within the definition
of “dwelling” that an enclosure around a curtilage need not be continuous as it may
have an ungated opening for entering and exiting. The definition of “motor
vehicle” found in section
320.01(1)(a), Florida Statutes (2018), is also added to the
instruction....
...Stat.
“Licensed facility” means a hospital, ambulatory surgical center, or
mobile surgical facility licensed by the Florida Agency for Health Care
Administration. See chapter 395, Fla. Stat.
Medrano v. State,
199 So. 3d 413 (Fla. 4th DCA 2016); §
320.01, Fla....
CopyPublished | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 2361, 1988 Fla. App. LEXIS 4605, 1988 WL 107080
...orem tax imposed upon a portion of the unit. We affirm. Appellant, relying on the same argument made before the trial court, contends that the concrete pump truck is a motor vehicle since it transports persons or property on the roads of this state. § 320.01(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16033
...of nolo contendere, reserving suppression issues for appeal. *402 Conflicting evidence was submitted to the trial court on the question of whether the vehicle was a truck, “designed or used principally for carrying things other than passengers,” Section 320.01(14), or rather a station wagon designed and used as a passenger vehicle....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15780
sentence appealed. “Motor vehicle” is defined in Section 320.-01(l)(a) as: (a) Automobiles, motorcycles, motor
CopyPublished | Florida 1st District Court of Appeal
...Tropical Trailer argued that an amendment to section
316.003(21), Florida
Statutes (2011), which became effective on July 1, 2012, redefined “motor
vehicle” to include “trailers.” Ch. 2012-174, Laws of Fla.; see §
316.003(21), Fla.
Stat. (2012) (adopting meaning found in section
320.01(1)(a) for purposes of
section
316.1001, Florida Statutes).
5
Class B -- DAMAGES AND INJUNCTIVE RELIEF: All trailer
owners whose trailer license tag was used by [the Depa...
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14730
...iler” to bypass an agricultural inspection station without stopping. Appellant argues that his vehicle, a van, was not required to stop under that statute. After studying the statutory definitions provided in Chapter 320, however, we cannot agree. Section 320.01(13) provides that the word “trucks” includes “any motor vehicle designed or used principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack, or other e...
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...prescribed by law, but shall not be subject to ad valorem taxes. 1 (e.s.) The Legislature has implemented this constitutional prescription in s.
320.08 , F.S. The statute levies an annual license tax for the operation of mobile homes, as defined in s.
320.01 (2), F.S., 2 to be paid to and collected by the Department of Highway Safety and Motor Vehicles (department) or its agent....
...Butterworth Attorney General (ls) 1 See also, s.
320.081 (2), F.S., providing that "[t]he annual license tax prescribed in s.
320.08 (10) and (11) is in lieu of ad valorem taxes, and a sticker, as appropriate, shall be issued to evidence payment thereof," (e.s.) and s.
320.015 (1), F.S., which provides, in pertinent part, as follows: A mobile home, as defined in s.
320.01 (2), regardless of its actual use, shall be subject only to a license tax unless classified and taxed as real property. (e.s.) 2 Section
320.01 (2), F.S., defines "mobile home," in pertinent part, as a structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. 3 Section
320.08 (11), F.S., sets forth a schedule of license taxes based upon the length of mobile homes. See also, s.
320.01 (2), F.S., providing that "[f]or tax purposes, the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space." 4 See, Holly v....
...gistered owner of such a mobile home . . . upon the production of a certificate of the respective property appraiser that such mobile home . . . is included in an assessment of the property of such registered owner for ad valorem taxation. See also, s. 320.015 (1), F.S., providing that "[a] mobile home is to be considered real property only when the owner of the mobile home is also the owner of the land on which the mobile home is situated and said mobile home is permanently affixed thereto." 8 See, s....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 816, 1985 Fla. App. LEXIS 13134
...Although the legislature neglected to define motor vehicle under this section, we find that the definitions provided under the No-Fault Act (section
627.732(1)), the Traffic Control Law (section
316.003(2) and (21)), the Motor Vehicle Licenses Law (section
320.01(1)) and the Financial Responsibility Law (section
324.021(1)) should be read in pari materia, which compels the conclusion that the legislature did not intend to characterize a moped as a motor vehicle or self-propelled vehicle....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 21513
PER CURIAM We recede from footnote 10 in Volkswagen Insurance Co. v. Nguyen,
405 So.2d 190 (Fla. 3d DCA 1981), and remand to the trial court in light of Hodges v. National Union Indemnity Co.,
249 So.2d 679 (Fla. 1971); §
320.01(1)(a), (13), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...316.1001, any self-
propelled vehicle not operated upon rails or guideway, but not
including any bicycle, motorized scooter, electric personal
assistive mobility device, or moped. For purposes of s.
316.1001, “motor vehicle” has the same meaning as in s.
320.01(1)(a).
§
316.003(21), Fla. Stat. (2012) (emphasis added) (Ch. 2012-111, § 2, Laws of
Fla., eff. July 1, 2012, to Dec 31, 2012) (currently renumbered as §
316.003(40)).
Section
320.01(1)(a), in turn, provides:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck
tractor and semitrailer combination, or any other vehicle
operated on the roads of this state ....
CopyPublished | Florida 3rd District Court of Appeal
...316.1001, any self-
propelled vehicle not operated upon rails or guideway, but not
including any bicycle, motorized scooter, electric personal
assistive mobility device, or moped. For purposes of s.
316.1001, “motor vehicle” has the same meaning as in s.
320.01(1)(a).
§
316.003(21), Fla. Stat. (2012) (emphasis added) (Ch. 2012-111, § 2, Laws of Fla.,
eff. July 1, 2012, to Dec 31, 2012) (currently renumbered as §
316.003(40)). Section
320.01(1)(a), in turn, provides:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck
tractor and semitrailer combination, or any other vehicle
operated on the roads of this state ....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20292
...boat in exercising its authority to change the definition. We find that the legislature has not, as contended by the appellees, reasonably undertaken to define all boats with reference to their use as a means of transportation on water. See, e. g., § 320.01(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4459, 1990 WL 83618
...ht of a truck tractor and semitrailer combination and is calculated by adding to the net weight of the truck tractor the gross weight of the semitrailer, which is the maximum gross weight as declared by the owner or person applying for registration. § 320.01(11), Fla.Stat....
...$300,-000. Thus, Southern’s primary coverage here is for $300,000. We reverse the trial court’s judgment on that point, and remand for entry of a judgment consistent with this opinion. REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. . See § 320.01(10), Fla.Stat. (Supp.1986). . See § 320.01(5), Fla.Stat....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2009 WL 8392404
...on the Petition Date, governs whether the interest constitutes property of the estate. In re Daugherty,
261 B.R. 735, 738 (Bankr.M.D.Fla.2000). Motorcycles are motor vehicles subject to the Florida statutory registration and titling laws. FLA. STAT. §
320.01; FLA....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...The term "commercial" has been generally defined as meaning "mercantile; occupied with commerce, relating to or dealing with commerce . . . derived by commerce or trade; engaged in trade; having financial profit as the primary aim." 1 The Florida Statutes contain various definitions of commercial vehicles. Section 320.01 (26), Florida Statutes, in defining a "commercial motor vehicle" for purposes of licensure, specifically excludes vehicles which are owned or operated by a governmental entity....
CopyPublished | Supreme Court of Florida | 160 Fla. 795, 1948 Fla. LEXIS 929
...r the highways of the State of Florida from Orlando to Winter Garden, a few miles distant. The petition requests the Railroad Commission to issue to the applicant a "for hire" permit for the purpose of carrying on a "for hire" business as defined by Section 320.01 (16), F.S.A., but not a permit or Certificate of Public Conveyance and necessity authorizing it to operate over the public highways of Florida as a common carrier....
...for compensation over such highways, where such carriage consists of continuous or recurring carriage under the same contract. See Smith v. Cahoon,
283 U.S. 553 ,
51 S.Ct. 582 ,
75 L.Ed. 1264 . The "for hire" or third class of carriers is defined by Section
320.01 (16), F.S.A., viz: "(16) 'For hire' vehicles include all motor vehicles, or trailers drawn by motor vehicles, when used for transporting persons, commodities or materials for compensation; let or rented to another for a consideration;...
...renders the proposed service of the petitioner a special charter service incidental to a holder of a certificate of public convenience and necessity as a common carrier as provided for in Section 323.14, F.S.A., or a "for hire" service as defined in Section 320.01 (16) supra....
...The petitioner here simply requests a permit to operate on the highways of Florida only two of its fleet of forty busses, each of which is fully described in the application, and the testimony about same is not disputed. The Commission, like all others, is bound by the statutory definition of "for hire vehicles." Section 320.01 (16) F.S.A....
...The law makes it optional with a "for hire service" to carry those of the general public applying to *Page 807 it for passage. 37 Am. Jur. 526 . A "for hire service" has no continuous or recurring carriage under contract unless made so by the consent of the parties. The "for hire service" defined in Section 320.01 (16), F.S.A., and set out under Section 323.05, F.S.A....
CopyPublished | Supreme Court of Florida
...otherwise prevented [him] [her] from complying with the registration
requirements, you should find [him] [her] not guilty.
Definitions. See instruction 11.15(l) for the applicable definitions. The
definitions for trailer, mobile home, and manufactured home are in §
320.01, Fla.
Stat., and the definitions for vessel, live-aboard vessel, and houseboat are in §
327.02, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 301, 1995 Bankr. LEXIS 14, 1995 WL 13866
...The act created Fla. Stat. §
222.25 which provides in part: The following property is exempt from attachment, garnishment or other legal process: (1) A debtor’s interest, not to exceed $1,000.00 in value, in a single motor vehicle as defined in §
320.01; Pursuant to section 7 of 93-256 the act took effect on October 1, 1993....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 335, 1995 Bankr. LEXIS 11, 1995 WL 13868
...tes. The act created Fla. Stat.
222.25 which provides in part: The following property is exempt from attachment, garnishment or other legal process: (1) A debtor’s interest, not to exceed $1,000.00 in value, in a single motor vehicle as defined in §
320.01; Pursuant to section 7 of 93-256 the act took effect on October 1, 1993....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1274
hire" in relation to automobiles is as follows: Section
320.01 Definitions, general "In construing these statutes
CopyPublished | Supreme Court of Florida
...Stat.
“Licensed facility” means a hospital, ambulatory surgical center, or
mobile surgical facility licensed by the Florida Agency for Health Care
Administration. See chapter 395, Fla. Stat.
Medrano v. State,
199 So. 3d 413 (Fla. 4th DCA 2016); §
320.01, Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
living in Florida pursuant to military orders. Section
320.01(1), F.S. 1971, defined motor vehicles to include
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 789, 1990 WL 11815
...ed for road operation. We agree with the trial court that the policy is not facially ambiguous. It is likely that the vehicle would also be excluded from coverage under an automobile policy because it was in dead storage at the time of the loss, see section 320.01(1), Florida Statutes (1989), but a court cannot alter the terms of a contract, and by doing so place the parties in a position different from that which they bargained for....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16279
instrumentality could be said to comply with Section
320.01: (1) the instrumentality must be operated over
CopyPublished | Supreme Court of Florida
...[deprive (victim) of [his] [her] right to the motor vehicle or any
benefit from it] [appropriate the motor vehicle of (victim) to [his]
[her] own use or to the use of any person not entitled to it].
Definitions.
Medrano v. State,
199 So. 3d 413 (Fla. 4th DCA 2016). §
320.01, Fla....
CopyPublished | Supreme Court of Florida
...ehicle or any
benefit from it] [appropriate the motor vehicle of (victim) to [his]
[her] own use or to the use of any person not entitled to it].
Definitions.
Medrano v. State,
199 So. 3d 413 (Fla. 4th DCA 2016). §
320.01, Fla....
CopyPublished | Supreme Court of Florida
...2018-105, § 1, at 1, Laws of Fla. Additionally, the definition of “motor
vehicle” in these instructions is amended to include the terms “personal delivery
services” and “mobile carriers.” See Ch. 2018-130, § 5, at 4-5, Laws of Fla.; see
also § 320.01(1)(a), Fla....
...it primarily
designed as temporary living quarters for recreational, camping, or travel use,
which either has its own motive power or is mounted on or drawn by another
vehicle.] There are additional definitions for recreational vehicle-type units in
§ 320.01(1)(b), Fla....
...it primarily
designed as temporary living quarters for recreational, camping, or travel use,
which either has its own motive power or is mounted on or drawn by another
vehicle.] There are additional definitions for recreational vehicle-type units in
§ 320.01(1)(b), Fla....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...The city, however, has original jurisdiction over all streets other than state roads located within its boundaries and may authorize the operation of golf carts on county roads located within the city without the county's approval. Sincerely, Charlie Crist Attorney General 1 Section 320.01 (22), Fla....
..., for the operators or riders thereof is governed by s. 316.111, Fla. Stat., and other related statutes). See also, s.
322.04 (1)(e), Fla. Stat., exempting from the requirement of a driver's license "[a]ny person operating a golf cart, as defined in s.
320.01 , which is operated in accordance with the provisions of s....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18320
...or property and only incidentally operated or moved over a highway, including, but not
limited to . . . bucket loaders." §
316.003(48). Applied here, the loader's ability to
transport persons or property is incidental to its primary construction and industrial
functions. See §
320.01(1)(a), Fla....
...2d DCA
1984) ("[T]he legislature does not consider vehicles for construction use to be 'motor
vehicles' as they have assigned such vehicles to a 'special' category."). The loader
does not "transport persons or property" on "the roads of this state." See § 320.01(1)(a)
(defining motor vehicle)....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1695, 1984 Fla. App. LEXIS 13960
...ry device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” Similar definitions of motor vehicles and vehicles are found in sections
320.01,
322.01, and
520.02(7), Florida Statutes (1983)....
...In Montanez v. State,
377 So.2d 980 (Fla. 2d DCA 1979), Montanez was charged and convicted of grand theft of a motor vehicle after he stole a Caterpillar motor grader. This court held that a motor grader is not a motor vehicle under the statutory definition of section
320.01(l)(a), Florida Statutes (1977), which specifically excluded traction engines....
CopyPublished | Supreme Court of Florida | 2016 WL 1375712
...sheriff misinformed (defendant) or
otherwise prevented [him] [her] from complying with the registration
requirements, you should find [him] [her] not guilty.
Definitions. The definitions for trailer, mobile home, and manufactured
home are in § 320.01, Fla....
...otherwise prevented [him] [her] from complying with the registration
requirements, you should find [him] [her] not guilty.
Definitions. See instruction 11.15(l) for the applicable definitions. The
definitions for trailer, mobile home, and manufactured home are in §
320.01, Fla.
Stat., and the definitions for vessel, live-aboard vessel, and houseboat are in §
327.02, Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
pertinent part: "A mobile home, as defined in Section
320.01(2), regardless of its actual use, shall be