Florida Statute 320.61 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 320.61

Total Results: 10

Van Teamer v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-02-12

Citation: 108 So. 3d 664, 2013 WL 500384, 2013 Fla. App. LEXIS 2107

Snippet: registration, a violation of sections 820.06 and 320.061, Florida Statutes. Thus, the State argues this

Jenkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-12-14

Citation: 102 So. 3d 739, 2012 Fla. App. LEXIS 21517

Snippet: license tag, a second-degree misdemeanor. See § 320.061, Fla. Stat. (2009). Incident to arrest, they searched

Hawkins v. Ford Motor Co.

Court: Supreme Court of Florida | Date Filed: 1999-10-14

Citation: 748 So. 2d 993, 1999 WL 820573

Snippet: person required to be licensed under section 320.61); § 320.61(1), Fla. Stat. (1993) (requiring manufacturers

Vickers v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-08-07

Citation: 677 So. 2d 974, 1996 Fla. App. LEXIS 8221, 1996 WL 441695

Snippet: license plates (count III), in violation of section 320.061, Florida Statutes (1993), and false proof of insurance

Aero Products Corp. v. Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 1996-06-14

Citation: 675 So. 2d 661, 1996 Fla. App. LEXIS 6303, 1996 WL 324665

Snippet: whenever the term motor vehicle is used in Secs. 320.61-320.70, including Sec. 320.641. See, See. 320.60

MERCEDES-BENZ OF NA v. Mike Smith Pontiac GMC, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-05-03

Citation: 561 So. 2d 620

Snippet: vehicles sold in this state. See §§ 320.60(8) and 320.61, Fla. Stat. (1985). MBNA is included within this

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-01-12

Citation: 537 So. 2d 655, 14 Fla. L. Weekly 174, 1989 Fla. App. LEXIS 93, 1989 WL 1037

Snippet: constitutional validity of a traffic stop based on section 320.061, Florida Statutes (1987), which proscribes alteration

J. R. Furlong, Inc. v. Chrysler Corp.

Court: District Court of Appeal of Florida | Date Filed: 1982-09-14

Citation: 419 So. 2d 385, 1982 Fla. App. LEXIS 21166

Snippet: April 3, 1978, CHRYSLER, a licensee under Section 320.61, Florida Statutes, notified its franchise dealer

McCulley Ford, Inc. v. Calvin

Court: District Court of Appeal of Florida | Date Filed: 1974-12-31

Citation: 308 So. 2d 189

Snippet: Section 4: "320.60. Definitions for 320.61-320.70. Whenever used in 320.61-320.70, unless the context otherwise

State v. British Leyland Motors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1974-02-14

Citation: 290 So. 2d 576

Snippet: "licensees" are only those licensed under Section 320.61 and dealers, as such, are not licensed under that