CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 125902
...plaint as true and deem any affirmative defense interposed by the appellee as denied. The appellants' preliminary allegations reflect that in September of 1992 they purchased from the appellee what they believed was a new motor vehicle as defined in section 320.60(10), Florida Statutes (1991), that is, a *604 vehicle for which the equitable or legal title had never been transferred to an ultimate purchaser....
CopyCited 33 times | Published | Supreme Court of Florida | 1999 WL 820573
...ger of the dealership, while Davis remained president and 100 percent equity owner. Then, on November 9, 1987, Wilson Davis Ford and Ford amended the agreement to reflect the sale of a 20 percent interest in the corporate dealership to Bodiford. [3] Section 320.60(11)(a), Florida Statutes (1993), provides, in pertinent part, that a "motor vehicle dealer" includes "any person, firm, or corporation who, for commission, money or other things of value, repairs or services motor vehicles or used motor vehicles pursuant to an agreement as defined in s. 320.60(1)." Section 320.60(1), Florida Statutes (1993), defines "franchise agreement," in pertinent part, as a "sales and service agreement......
...squarely addressed by the Eleventh Circuit. See Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz of N. Am., Inc.,
32 F.3d 528, 531-34 (11th Cir.1994). [6] Manufacturers such as Ford in this case are "licensees" within the meaning of this statute. See §
320.60(8), Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 1975 Fla. LEXIS 3544
...We hold that the Section
320.641, Florida Statutes, applies prospectively to motor vehicle franchise contracts signed after its effective date. [14] U-Cycle's 1970 contract with Yamaha is not affected by that provision, and in the absence of any other alleged violation of Sections
320.60 through
320.70, Section
320.695 has no applicability to this case....
...An adversary hearing was then held, after which a new restraining order was entered which reaffirmed the trial court's original action. [2] Chapter 70-424, Laws of Florida (1970). [3] Motorcycles are included in the definition of "motor vehicle" in Section 320.60(9), Fla. Stat. [4] The regulatory scheme in chapter 320, Fla. Stat., is monitored by the Department of Highway Safety and Motor Vehicles. Section 320.60(7), Fla....
...Whether this legitimate state intrusion into commerce is grounded on the police power or otherwise, we only hold that Article I, Section 10 of the Florida Constitution has the overriding claim in the situation we have under review. [11] We recognize that the 1970 Legislature enacted Sections
320.60 through
320.70, Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 1964 Fla. LEXIS 2299
...GW' series tag shall not be construed to be a motor vehicle under the provisions of this subsection and is taxable at the rate of three per cent (3%). The term `motor vehicle dealer' as used in this subsection shall have the same meaning ascribed in section
320.60(6), FLORIDA STATUTES." Prior to the 1963 amendment thereto, Section
212.08(3), supra, had been administratively interpreted as exempting from the tax the sale of a motor vehicle purchased exclusively for rental purposes, and only the rental thereof was subjected to the one percent tax specified by the 1957 Act....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1997 WL 174345
...ory definitions. Unfortunately, the statutory definitions are circular in that a motor vehicle dealer is one who sells pursuant to a franchise agreement, and a franchise agreement is a contract between a manufacturer and a "motor vehicle dealer." In section 320.60, "motor vehicle dealer" is defined as "any person, [3] firm, or corporation who, for commission, money or other things of value, repairs or services motor vehicles or used motor vehicles pursuant to an agreement as defined in subsectio...
...rs, or attempts to negotiate a sale or exchange of any interest in, motor vehicles or who is engaged wholly or in part in the business of selling motor vehicles, whether or not such motor vehicles are owned by such person, firm, or corporation." [4] § 320.60(11)(a), Fla.Stat....
...ents. However, appellees argue that (1) the dealership, not appellant, was the dealer for purposes of the notice requirement; and (2) the dealer development agreement and the management agreement are not franchise agreements as defined by subsection section 320.60: "Agreement" or "franchise agreement" means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer agreement or any other terminology used to describe the contractual relationship between a manufacturer, factory branch, distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact business pertaining to motor vehicles of a particular line-make. § 320.60(1), Fla.Stat....
...edure. (1) A motor vehicle dealer, or person with entitlements to or in a motor vehicle *66 dealer, who is directly and adversely affected by the action or conduct of an applicant or licensee which is alleged to be in violation any provision of ss 320.60-320.70 may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee.......
...der as to counts I, V, VI, VII, and X. We *70 remand for further proceedings consistent with this opinion. REVERSE in part, AFFIRM in part. JOANOS and VAN NORTWICK, JJ., concur. NOTES [1] This is also known as the Florida Motor Vehicle Dealer Act, §§ 320.60-320.70, Fla.Stat....
...franchise agreement or will substantially impair the sales, service obligations, or investment of the motor vehicle dealer, at least 90 days before the effective date thereof, together with the specific grounds for such action. (Emphasis added). [3] § 320.60 (12) states: "Person" means any natural person, partnership, firm, corporation, association, joint venture, trust, or other legal entity. [4] § 320.60(11) excludes the following from "motor vehicle dealer": (c) The term "motor vehicle dealer" does not include: 1....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...The burden of proof in showing inadequate representation shall be on the licensee." (Emphasis added) F.S. 320.665, Florida Statutes 1971, provides as follows: "(1) In the event the department shall conduct any hearing pursuant to the provisions of §§ 320.60-320.70, the hearing shall be conducted pursuant to chapter 120, the administrative procedure act, and the department shall have the power to conduct hearings pursuant to that act. The department shall have the further power in hearings arising under §§ 320.60-320.70 to: "(a) Determine the place in the state where they shall be held; "(b) Issue subpoenas for the attendance of witnesses and for the production of documentary evidence; "(c) Take depositions of witnesses residing within or without th...
...s in writing to the department which shall thereupon make its rulings and orders. Any information obtained from a hearing may not be used against such licensee as the basis for a criminal prosecution under the laws of this state." (Emphasis added) F.S. 320.60(7), Florida Statutes 1971, defines "Department" to mean "the department of highway safety and motor vehicles"....
...issued by Respondent. Respondent urges that the above mentioned statutes do not govern and that the applicable law may be found in Chap. 70-424, Laws of Florida (hereinafter referred to as Chapter 70-424). F.S.
320.642 and part of F.S.
320.27 and F.S.
320.60, Florida Statutes 1971, were enacted into law as part of Chap....
...o them in this subsection, except where the context clearly indicates a different meaning: "(a) `Director' means the director of the (department) division of motor vehicles." (Parenthesis and emphasis are part of the statute) * * * * * * Section 4: "320.60....
... The following words, terms and phrases when used in this section shall have the meanings respectively ascribed to them in this subsection, except where the context clearly indicates a different meaning: "(a) `Department' means the department of highway safety and motor vehicles." (Emphasis added) F.S. 320.60(7), Florida Statutes 1971, was made to read: "(7) `Department' means the department of highway safety and motor vehicles." F.S....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 138127
...1988) and Section
120.57(1), Florida Statutes to protest WWW Enterprises' application for a new or additional Cadillac automobile dealership in Homestead, Florida. In response, WWW Enterprises argued that the Department should dismiss Braman's petition because Braman had failed to allege any violations of Section
320.60-320.70 Florida Statutes....
...ocedure. (1) A motor vehicle dealer, or person with entitlements to or in a motor vehicle dealer, who is directly and adversely affected by the action or conduct of an applicant or licensee which is alleged to be in violation of any provision of ss. 320.60-320.70, may seek a declaration and adjudication of its rights with respect to the alleged action or conduct of the applicant or licensee by: (a) Filing with the department a request for a proceeding and an administrative hearing which conforms substantially with the requirements of s....
...dditional motor vehicle dealership so that the protesting dealer can claim standing based on the location or the sales made by some third dealership, such as Williamson Cadillac." We agree. Additionally, we note that the legislature has set forth in Section 320.605 the purpose of the Act. Section 320.605 states: 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 consu...
...anding under Section
320.642. As its second point, Braman contends that it is entitled to standing under Section
320.699, Florida Statutes. This section addresses the types of administrative hearings which the Legislature contemplated under Sections
320.60 to
320.70....
...otest." Under the plain language of Section
320.699(1), a dealer, such as Braman, must be "a directly and adversely affected party affected by the action or conduct of an applicant or licensee which is alleged to be in violation of any provision of ss.
320.60-320.70." Reviewing the four corners of Braman's complaints, it appears that Braman did not allege any substantive violations of the provisions of Sections
320.60 to
320.70. In case 90-718, Braman did not allege any specific statutory allegations in either the initial or amended petition. In case 90-908, Braman asserted a violation of a clause in Section
320.605, the legislative intent of the Motor Vehicle Act, which asserts that "maintaining competition" is one of the purposes of the act. We construe Section
320.699 as providing standing to any directly and adversely affected party who can assert a *1051 violation of Section
320.60-320.70 which is substantive in nature....
...NOTES [1] We have set forth the facts in Case No. 90-718 because the case appears to better illustrate appellant's contentions. The facts in Case No. 90-908 are substantially similar. [2] In Case No. 90-908, Braman alleged a violation of the maintenance of competition clause of Section 320.605, Florida Statutes. The legislative purpose of the Motor Vehicle Act was enunciated in 1988 in Section 320.605. [3] Braman notes in its brief that Section 320.60(2), Florida Statutes states: (2) "Common entity" means a person: (a) Who is either controlled or owned, beneficially or of record, by one or more persons or owns more than 40 percent of the voting equity interests of a manufacturer; or (b) who shares directors or officers or partners with a manufacturer....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...atutory schemes. Plaintiffs assert that MBNA seeks to punish Hawkins for an alleged breach by Fifth Avenue of its Mercedes-Benz dealer agreement. Plaintiffs assert that the New Jersey Franchise Practices Act (like its Florida counterpart, Fla. Stat. § 320.60 et seq....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...t ninety days before the effective date thereof, together with the specific grounds for discontinuation, cancellation, or failure to renew of said agreement, if discontinued, cancelled, or not renewed." Ship & Shore argues that the provision of F.S. Section 320.60(12)(a), F.S.A., to wit: "`Motor vehicle dealer' means any person, firm, or corporation who, for commission, money or other things of value, sells exchanges, buys, or rents, or offers, or attempts to negotiate a sale or exchange of any...
...the same or a closely related statute that any matter extrinsic the statute may be considered by the Court in arriving at the meaning of the language employed by the Legislature.'" The statutory definition of "motor vehicle dealer" as found in F.S. Section 320.60, F.S.A., is not clear and unambiguous when considered in connection with other portions of the statute....
...as "dealers". It therefore becomes necessary for the court to examine the statute as a whole and seek to ascertain the legislative intent. One thing is obvious: The legislature intended to draw a distinction between a "distributor" as defined in subsection 320.60(2) and a "dealer" as defined in subsection 320.60(12). It seems equally obvious that the word "licensee", as defined in subsection 320.60(8) includes a "distributor", but does not include a "dealer"....
...the statute as a whole is considered, it is clear that it did not. Any problem about the inclusion of "distributors" in the definition of "dealers" as that term is used in Section
320.641 is relieved by the fact that all the definitions contained in Section
320.60 are qualified by the phrase "unless the context otherwise requires"....
...Upon consideration of the foregoing, the judgment of the trial court is affirmed and the petition of appellant for constitutional stay writ is denied. RAWLS, C.J., and SPECTOR and BOYER, JJ., concur. NOTES [1] Expressly issued pursuant to F.S. §
320.27, F.S.A. [2] Expressly issued pursuant to F.S. §§
320.60-320.70, F.S.A....
...The copy of this license attached to the complaint indicates an expiration date of September 30, 1973. Since the parties make no reference to this fact, the court will assume that the license was properly renewed. [3] It will be observed that the definition of "motor vehicle dealer" in §
320.60 differs from the definition of "motor vehicle dealers" in §
320.27 (although both are parts of the same enactment Chapter 70-424) in that under §
320.27 one must be in the business of buying, selling, etc., but that is not required by §
320.60....
CopyCited 2 times | Published | District Court, N.D. Florida | 2014 U.S. Dist. LEXIS 163334, 2014 WL 6601150
...Against GMAC GMAC argues that the FMDVA claims are inapplicable to it, since it is not a dealer. The Act defines “Franchise Agreement” to mean a contract “between a manufacturer, factory branch, distributor, or importer, and a motor vehicle dealer.” Fla. Stat. § 320.60 (1)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...“[t]he agency has erroneously interpreted a provision of law and a correct
interpretation compels a particular action.” §
120.68(7)(d), Fla. Stat.
(2017).
The contractual relationship between an automobile manufacturer and
its dealers falls under sections
320.60-320.70, Florida Statutes (2017).
The legislature has expressly described the legislative intent behind the
statute:
1Because we hold that the dealers were not entitled to fairness hearings for which
notice is required, we do not reach the qu...
...ting the
licensing of motor vehicle dealers and manufacturers,
maintaining competition, providing consumer protection and
fair trade and providing minorities with opportunities for full
participation as motor vehicle dealers.
§ 320.605, Fla....
...terminology used to describe the contractual relationship
between a manufacturer . . . and a motor vehicle dealer,
pursuant to which the motor vehicle dealer is authorized to
transact business pertaining to motor vehicles of a particular
line-make.
§ 320.60(1), Fla. Stat. (2017).
2 We reject the dealers’ argument that the intent of sections 320.60-320.70 is to
protect dealers from powerful manufacturers. Here, the legislature has declared
its intent and has said nothing about protecting dealers. The focus of section
320.605 appears to be primarily to protect “citizens of the state” and to promote
fair dealing in the motor vehicle sales industry.
-4-
As Maserati argues, for a manufacturer’s action to amoun...
...tices as set forth in that
agreement.
To the extent that the Department relied on the “course of dealing and
practice between these parties over the years” to peg the meaning of a
“franchise,” it impermissibly expanded the language of subsection
320.60(1); that statute relies on language and “terminology” to define the
parameters of a franchise agreement, not course of conduct or implication.
The Department erroneously concluded that “it is the broader, multi-
faceted franchise business relationship,” rather than the written
contractual relationship, “that defines the parameters of the franchise
agreement between the parties.” In so doing, the Department
impermissibly rewrote the plain language of subsections
320.60 and
320.641....
...gasoline prices, and tariffs, to name a few—and the existing franchise
agreement gives manufacturers the flexibility to quickly respond to
changes in the marketplace without having to pass through a gauntlet of
administrative proceedings. Nothing in subsections
320.641 or
320.60 so
handcuffs motor vehicle manufacturers.
Because the dealers failed to show that the 2017 program modified
their franchise agreements with Maserati, we reverse that portion of the
final order directed at the implementation of that program...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19724, 2011 WL 6117218
...Background and Procedural History Chrysler Group, the successor in interest to Chrysler Motors, LLC ("Chrysler Motors"), manufactures and sells Chrysler, Dodge, and Jeep vehicles to authorized Chrysler, Dodge, and Jeep motor vehicle dealers. Ulm and Ferman are licensed "motor vehicle dealers" as defined in section 320.60(11), Florida Statutes (2010), in Tampa, Florida, who possess franchise and dealer agreements ("dealer agreements") with Chrysler Group for the sale of Dodge, Chrysler, and Jeep motor vehicles....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 18722, 2009 WL 4403198
...against Southeast Toyota Distributors, LLC., JM Family Enterprises, Inc., JM Auto, Inc., and JM Auto II, Inc., seeking actual and treble damages, injunctive relief, and attorney's fees based on alleged violations of the Florida Dealer Act, sections 320.60-.70, Florida Statutes (2005)....
...Section
320.645(4) contains a specific exception to this prohibition that expressly permits distributors to own dealerships that do not sell the same line-make of the vehicle that the distributor distributes. The line-make of a vehicle is its brand or trade name. See §
320.60(14), Fla....
...federally-mandated labels, and installing accessories such as entertainment systems, spoilers, wind deflectors, upgraded wheels and rims, tow hitches, and floor mats. These actions do not, as Lexus of Orlando argues, make Southeast a "manufacturer." Section 320.60(9) provides that unless the context otherwise requires, a manufacturer is one who "manufactures or assembles motor vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment which, when i...
...State v. Iacovone,
660 So.2d 1371, 1373 (Fla.1995). We further reject Lexus of Orlando's contention that because of the major role Southeast plays in the delivery of vehicles to dealers, it falls within the Dealer Act's definition of a distributor. Section
320.60(5) provides that unless the context otherwise requires, a distributor is one "who, in whole or in part, sells or distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives." The record reflects tha...
CopyPublished | Florida 4th District Court of Appeal
...rtain
zip codes within the dealer’s “primary area of responsibility” (“PAR”)
constituted a franchise modification, requiring the licensee to have
followed the notice and hearing procedures of the Florida Motor Vehicle
Dealer Act, sections 320.60–.70, Florida Statutes (2020) (“the Dealer Act”).
On appeal, the licensee primarily argues the Department’s final order
conflicts with Recovery Racing, LLC v....
...terminology used to describe the contractual
relationship between a [licensee] ... and a motor vehicle
dealer, pursuant to which the motor vehicle dealer is
authorized to transact business pertaining to motor
vehicles of a particular line-make.
§ 320.60(1), Fla....
...9
rather than the written contractual relationship, “that defines
the parameters of the franchise agreement between the
parties.” In so doing, the Department impermissibly rewrote
the plain language of subsections
320.60 and
320.641....
CopyPublished | Florida 4th District Court of Appeal | 2005 WL 545098
...(defining "new motor vehicle" to include those where "legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer"); § 320.60(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...ertain
zip codes within the dealer’s “primary area of responsibility” (“PAR”)
constituted a franchise modification, requiring the licensee to have
followed the notice and hearing procedures of the Florida Motor Vehicle
Dealer Act, sections 320.60–.70, Florida Statutes (2020) (“the Dealer Act”).
On appeal, the licensee primarily argues the Department’s final order
conflicts with Recovery Racing, LLC v....
...relationship between a [licensee] ... and a motor vehicle
dealer, pursuant to which the motor vehicle dealer is
authorized to transact business pertaining to motor
vehicles of a particular line-make.
8
§ 320.60(1), Fla....
...nship,”
rather than the written contractual relationship, “that defines
the parameters of the franchise agreement between the
parties.” In so doing, the Department impermissibly rewrote
the plain language of subsections
320.60 and
320.641....
