The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.61

320.61 Licenses required of motor vehicle manufacturers, distributors, importers, etc.—

(1) No manufacturer, factory branch, distributor, or importer (all sometimes referred to hereinafter as “licensee”) shall engage in business in this state without a license therefor as provided in ss. 320.60-320.70. No motor vehicle, foreign or domestic, may be sold, leased, or offered for sale or lease in this state unless the manufacturer, importer, or distributor of such motor vehicle, which issues an agreement to a motor vehicle dealer in this state, is licensed under ss. 320.60-320.70.

(2) The department may prescribe an abbreviated application for renewal of a license if the licensee had previously filed an initial application pursuant to s. 320.63. The application for renewal shall include any information necessary to bring current the information required in the initial application.

(3) All licenses shall be granted or refused within 30 days after application.

(4) When a complaint of unfair or prohibited cancellation or nonrenewal of a dealer agreement is made by a motor vehicle dealer against a licensee and such complaint is pending pursuant to ss. 320.60-320.70, no replacement application for such agreement shall be granted and no license shall be issued by the department under s. 320.27 to any replacement dealer until a final decision is rendered on the complaint of unfair cancellation, so long as the dealer agreement of the complaining dealer is in effect as provided under s. 320.641(7).

(5) Any manufacturer, distributor, or importer, who obtains a license under this section, is engaged in business in this state and is subject to the jurisdiction of the courts of this state pursuant to chapter 48. Any manufacturer not licensed under this section, who is a manufacturer of motor vehicles of a recognized line-make which are sold or leased in this state pursuant to a plan, system, or channel of distribution established, approved, authorized or known to the manufacturer, shall be subject to the jurisdiction of the courts of this state in any action seeking relief under or to enforce any of the remedies or penalties provided in ss. 320.60-320.70.

History.—s. 2, ch. 20236, 1941; s. 5, ch. 70-424; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 20, ch. 78-95; ss. 4, 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; s. 2, ch. 84-69; ss. 5, 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 20, ch. 2001-196; s. 3, ch. 2017-187.

F.S. 320.61 on Google Scholar

F.S. 320.61 on Casetext

Amendments to 320.61

Arrestable Offenses / Crimes under Fla. Stat. 320.61

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 320.61.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALLIANCE OF AUTOMOBILE MANUFACTURERS, INC. v. L. JONES,, 897 F. Supp. 2d 1241 (N.D. Fla. 2012)

. . . . § 320.61, Fla. Stat. . . .

In MILLER, V., 381 B.R. 736 (Bankr. W.D. Ark. 2008)

. . . According to the Form B22C filed by the Causeys, they have a monthly disposable income of $320.61, as . . . reported on line 58, resulting in a total disposable income amount of $19,236.60 ($320.61 X 60 months . . .

ERNIE HAIRE FORD, INC. K. B. Jr. B. III, v. FORD MOTOR COMPANY,, 260 F.3d 1285 (11th Cir. 2001)

. . . . §§ 320.60(8), 320.61; see also Mercedes-Benz of N. Am. v. . . .

RISLEY, J. Jr. v. NISSAN MOTOR CORP. USA, a, 254 F.3d 1296 (11th Cir. 2001)

. . . . §§ 320.60(8), 320.61; see also Mercedes-Benz of N. Am. v. . . .

HAWKINS G. v. FORD MOTOR COMPANY,, 748 So. 2d 993 (Fla. 1999)

. . . Stat. (1993) (defining "licensee" as any person required to be licensed under section 320.61); § 320.61 . . .

AERO PRODUCTS CORPORATION, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 675 So. 2d 661 (Fla. Dist. Ct. App. 1996)

. . . definition of a motor vehicle in Sec. 320.60(10) applies, whenever the term motor vehicle is used in Secs. 320.61 . . .

BRANDON CHRYSLER PLYMOUTH JEEP EAGLE, INC. v. CHRYSLER CORPORATION,, 898 F. Supp. 858 (M.D. Fla. 1995)

. . . Defendant is an automobile manufacturer and a licensee under § 320.61 of the Florida Statutes. . . . . § 320.61 (1993). . . .

MERCEDES- BENZ OF NORTH AMERICA, a v. MIKE SMITH PONTIAC GMC, INC. a v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, MERCEDES- BENZ OF NORTH AMERICA, INC. v. MIKE SMITH PONTIAC GMC, INC. Z. R., 561 So. 2d 620 (Fla. Dist. Ct. App. 1990)

. . . See §§ 320.60(8) and 320.61, Fla.Stat. (1985). MBNA is included within this definition. . . . .

J. R. FURLONG, INC. d b a v. CHRYSLER CORPORATION,, 419 So. 2d 385 (Fla. Dist. Ct. App. 1982)

. . . On or about April 3, 1978, CHRYSLER, a licensee under Section 320.61, Florida Statutes, notified its . . .

INTERNATIONAL HARVESTER CREDIT CORPORATION v. EAST COAST TRUCK R. V. EAST COAST TRUCK R. V. v. INTERNATIONAL HARVESTER COMPANY,, 547 F.2d 888 (5th Cir. 1977)

. . . . § 320.61 (1973) (repealed in 1976). . . . .

McCULLEY FORD, INC. a v. D. CALVIN,, 308 So. 2d 189 (Fla. Dist. Ct. App. 1974)

. . . Definitions for 320.61-320.70. . . . —Whenever used in 320.61-320.70, unless the context otherwise requires, the following words and terms . . .

STATE v. BRITISH LEYLAND MOTORS, INC., 290 So. 2d 576 (Fla. Dist. Ct. App. 1974)

. . . That is true because “licensees” are only those licensed under Section 320.61 and dealers, as such, are . . .

CHOUEST, v. A P BOAT RENTALS, INC., 472 F.2d 1026 (5th Cir. 1973)

. . . SALLEY: The compensation is a total of $3,209 and the medical is an additional $1,-320.61. . . .

LURIA BROTHERS COMPANY, INC. v. THE UNITED STATES, 177 Ct. Cl. 676 (Ct. Cl. 1966)

. . . showed red sandstone at test bore 1 at elevation 320.71, fractured sandstone at test bore 4 at elevation 320.61 . . . showed red sandstone at test bore 1 at elevation 320.71, fractured sandstone at test bore 4 at elevation 320.61 . . .

LURIA BROTHERS COMPANY, v. UNITED STATES, 369 F.2d 701 (Ct. Cl. 1966)

. . . showed red sandstone at test bore 1 at elevation 320.71, fractured sandstone at test bore 4 at elevation 320.61 . . .

THE ADULA, 127 F. 849 (S.D. Ga. 1901)

. . . This gentleman claims $320.61. . . .

UNITED STATES v. FERGUSON, 78 F. 103 (2d Cir. 1897)

. . . circumstances: One Atwood had burglariously entered a post office and stolen postage stamps of the value of $320.61 . . .

FERGUSON v. UNITED STATES, 64 F. 88 (N.D.N.Y. 1894)

. . . Y., was broken into by a burglar, and postage stamps to the amount of $320.61, .money-order funds to . . .