The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . The contractual relationship between an automobile manufacturer and its dealers falls under sections 320.60 . . . dealer is authorized to transact business pertaining to motor vehicles of a particular line-make. § 320.60 . . . In so doing, the Department impermissibly rewrote the plain language of subsections 320.60 and 320.641 . . . Nothing in subsections 320.641 or 320.60 so handcuffs motor vehicle manufacturers. . . . We reject the dealers' argument that the intent of sections 320.60 -320.70 is to protect dealers from . . .
. . . . § 320.60(1). . . .
. . . DHSMV) held, in an administrative proceeding, amendments to the Florida Automobile Dealers Act (§§ .320.60 . . . The bill amends § 320.6992, F.S., to provide for the application of §§ 320.60-320.70, F.S., including . . . All agreements amended subsequent to October 1, 1988, are governed by §§ 320.60-320.70, F.S., including . . . any amendments to §§ 320.60-320.70, F.S., which have been or may be from time to time adopted unless . . . -320.70, notwithstanding the existence of any other remedies under ss. 320.60-320.70, has a cause of . . .
. . . , and attorney’s fees based on alleged violations of the Florida Motor Vehicle Dealer Act, sections 320.60 . . .
. . . Ulm and Ferman are licensed “motor vehicle dealers” as defined in section 320.60(11), Florida Statutes . . .
. . . against the defendants based on alleged violations of the Florida Motor Vehicle Dealer Act, sections 320.60 . . . permanent injunction, or both, restraining any person from acting as a licensee under the terms of ss. 320.60 . . . properly licensed hereunder, or from violating or continuing to violate any of the provisions of ss. 320.60 . . . A single act in violation of the provisions of ss. 320.60-320.70 shall be sufficient to authorize the . . . -320.70, notwithstanding the existence of any other remedies under ss. 320.60-320.70, has a cause of . . .
. . . We express no view on whether ceasing production of the Sterling line-make violates sections 320.60-320.70 . . . discontinue or modify, in order to show, if it can, that discontinuance or modification violates sections 320.60 . . .
. . . injunctive relief, and attorney’s fees based on alleged violations of the Florida Dealer Act, sections 320.60 . . . See § 320.60(14), Fla. Stat. (2005). . . . Section 320.60(9) provides that unless the context otherwise requires, a manufacturer is one who “manufactures . . . Section 320.60(5) provides that unless the context otherwise requires, a distributor is one “who, in . . .
. . . 501.213, Florida Statutes (2002), and (2) Florida’s Motor Vehicle Licensing Act (“FMVLA”), sections 320.60 . . .
. . . Thompson also appears to argue that sections 320.60-70, Florida Statutes (2004), pertaining to the licensing . . . Sections 320.60-70 contain neither any express language of preemption, nor any language implying preemption . . .
. . . lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer”); § 320.60 . . .
. . . wholesale or retail, or who may service and repair motor vehicles pursuant to an agreement as defined in s. 320.60 . . .
. . . . §§ ] 320.60-320.70.” . . . Stat. §§ 320.60(8), 320.61; see also Mercedes-Benz of N. Am. v. . . .
. . . . §§ 320.60-320.70 (1997). . . . Stat. §§ 320.60-320.70 (1997). . . . Stat. §§ 320.60(8), 320.61; see also Mercedes-Benz of N. Am. v. . . .
. . . Section 320.60(1 l)(a), Florida Statutes (1993), provides, in pertinent part, that a "motor vehicle dealer . . . repairs or services motor vehicles or used motor vehicles pursuant to an agreement as defined in s. 320.60 . . . Section 320.60(1), Florida Statutes (1993), defines “franchise agreement,” in pertinent part, as a "sales . . . See § -320.60(8), Fla. . . .
. . . . § 320.60 et seq. . . . Stat. § 320.27(l)(e) (defining “motor vehicle dealer”); id. § 320.60(11) (same); see also H.R.Rep. . . .
. . . motor vehicles, whether or not such motor vehicles are owned by such person, firm, or corporation.” § 320.60 . . . agreement and the management agreement are not franchise agreements as defined by subsection section 320.60 . . . dealer is authorized to transact business pertaining to motor vehicles of a particular line-make. § 320.60 . . . This is also known as the Florida Motor Vehicle Dealer Act, §§ 320.60-320.70, Fla.Stat. (1995). . 320.641 . . . , association, joint venture, trust, or other legal entity. .§ 320.60(11) excludes the following from . . .
. . . 1992 they purchased from the appellee what they believed was a new motor vehicle as defined in section 320.60 . . .
. . . in this case is the question whether an ambulance dealer is a motor vehicle dealer for purposes of 320.60 . . . “Motor vehicle” is defined for purposes of section 320.60-.70 in section 320.60(10) as “any new automobile . . . It is somewhat surprising that the generic term “truck” as used in section 320.60-70 is as narrow as . . . The Department dismissed Aero’s petition, finding that the franchised dealer law, sections 320.60-70, . . . Sections 320.60-70 apply to motor vehicle dealers. . . . “Motor, vehicle dealer” is defined in section 320.60(11), in pertinent part, as any corporation who, . . . Because there is no definition for “truck” in section 320.60, the hearing officer used the definition . . . See, See. 320.60 (introductory language). . . .
. . . . §§ 320.60(1), (11) (1993). . . . permanent injunction, or both, ... from violating or continuing to violate any of the provisions of 320.60 . . . pecuniary loss or who has been otherwise adversely affected because of a violation by a licensee of §§ 320.60 . . . -320.70, notwithstanding the existence of any other remedies under §§ 320.60-320.70, has a cause of action . . . denies, suspends, or revokes manufacturer's license if any contractual provisions are contrary to §§ 320.60 . . .
. . . person who has suffered pecuniary loss or who has been adversely affected because of a violation of §§ 320.60 . . . pecuniary loss or who has been otherwise adversely affected because of a violation by a licensee of ss. 320.60 . . .
. . . The legislature’s intent in adopting sections 320.60 through 320.70 is expressed as follows: It is the . . . has reiterated its intent in this regard in section 320.69, which relates specifically to sections 320.60 . . . adopt rule 15C-1.008 is fairly implied from chapter 320 generally and, more particularly, sections 320.60 . . . fact is merely a statement setting forth the general intent of the Legislature in adopting sections 320.60 . . .
. . . In so concluding, we note that sections 320.60-.70 recognize the importance of location and the effect . . .
. . . Sections 320.60 through 320.70, Florida Statutes (1987), establish regulations for automobile manufacturers . . . 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 . . . the statute authorizes court action “notwithstanding the existence of any other remedies under ss. 320.60 . . .
. . . Department should dismiss Bra-man’s petition because Braman had failed to allege any violations of Section 320.60 . . . or conduct of an applicant or licensee which is alleged to be in violation of any provision of ss. 320.60 . . . section addresses the types of administrative hearings which the Legislature contemplated under Sections 320.60 . . . or conduct of an applicant or licensee which is alleged to be in violation of any provision of ss. 320.60 . . . providing standing to any directly and adversely affected party who can assert a violation of Section 320.60 . . .
. . . See §§ 320.60(8) and 320.61, Fla.Stat. (1985). MBNA is included within this definition. . . . .
. . . 320.697 Civil damages Any person suffering pecuniary loss because of a violation by a licensee of §§ 320.60 . . . Sections 320.60-70 were enacted to facilitate the legislative intent of ensuring fair dealing between . . .
. . . . § 320.60 et seq. (1971)) was enacted in order to halt the harsh practices large manufacturers had inflicted . . .
. . . Florida Statutes (1981), with the “department” [Department of Highway Safety and Motor Vehicles, § 320.60 . . .
. . . supplied) .“(1) In the event the department shall conduct any hearing pursuant to the provisions of ss. 320.60 . . .
. . . ANALYSIS Sections 320.60-70 were enacted as part of a legislative scheme to insure fair dealing at all . . .
. . . follows: “(1) In the event the department shall conduct any hearing pursuant to the provisions of §§ 320.60 . . .
. . . . — Any person suffering pecuniary loss because of a violation by a licensee of §§ 320.60-320.70, notwithstanding . . . the existence of any other remedies under §§ 320.60-320.70, shall have a cause of action against the . . .
. . . Yamaha is not affected by that provision, and in the absence of any other alleged violation of Sections 320.60 . . . Motorcycles are included in the definition of “motor vehicle” in Section 320.60(9), Fla. Stat. . . . . Section 320.60(7), Fla.Stat. . Section 320.641(3), Fla.Stat. . Art. I, Section 10, U.S.Const.; Art. . . . We recognize that the 1970 Legislature enacted Sections 320.60 through 320.70, Fla. . . .
. . . follows: “(1) In the event the department shall conduct any hearing pursuant to the provisions of §§ 320.60 . . . (Emphasis added) F.S. 320.60(7), Florida Statutes 1971, defines “Department” to mean “the department . . . F.S. 320.642 and part of F.S. 320.27 and F.S. 320.60, Florida Statutes 1971, were enacted into law as . . . (Parenthesis and emphasis are part of the statute) Section 4: “320.60. . . . (Emphasis added) F.S. 320.60(7), Florida Statutes 1971, was made to read: “(7) ‘Department’ means the . . .
. . . Section 320.60(12) (a), F.S.A., to wit: “ ‘Motor vehicle dealer’ means any person, firm, or corporation . . . Section 320.60, F.S.A., is not clear and unambiguous when considered in connection with other portions . . . (2) and a “dealer” as defined in subsection 320.60(12). . . . Expressly issued pursuant to F.S. §§ 320.60-320.70, F.S.A. . . . It will be observed that the definition of “motor vehicle dealer” in § 320.60 differs from the definition . . .
. . . term ‘motor vehicle dealer’ as used in this subsection shall have the same meaning ascribed in section 320.60 . . .
. . . . § 1651, as interpreted by Treasury Regulation 51, Section 320.60. . . . Treasury Regulation-51, Section 320.60, 26 C.F.R. 320.60, interpreting Section 1651, Internal Revenue . . . Both parties agree that the interpretation made by Treasury Regulation 51, Section 320.60, is a satisfactory . . .
. . . business, which service terminated November 6th, • 1916, and for which appellant owed him the’ sum of $320.60 . . . against all and singular the goods, wares, merchandise and fixtures of the said defendant in the sum of $320.60 . . . denies that said work and labor was ever accepted and approved ;” and denied that it owed the appellee $320.60 . . . assignments of error, the substance of which are first, the allowance of the principal sum due of $320.60 . . . We have found no reversible error in the allowance of the sum of §320.60 for the principal. . . .