Florida Statutes

Fla. Stat. § 320.61 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1974–2012 · leading case: Hawkins v. Ford Motor Co., 748 So. 2d 993 (Fla. 1999).

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Hawkins v. Ford Motor Co., 748 So. 2d 993 (Fla. 1999). · cites it 3× “(1993) (defining "licensee" as any person required to be licensed under section 320.61); § 320.61(1), Fla. Stat. (1993) (requiring manufacturers to be licensed).”

Brandon Chrysler Plymouth Jeep Eagle, Inc. v. Chrysler Corp., 898 F. Supp. 858 (M.D. Fla. 1995). · cites it 2× “Defendant is an automobile manufacturer and a licensee under § 320.61 of the Florida Statutes. Fla.Stat.”

All. of Auto. Mfrs., Inc. v. Jones, 897 F. Supp. 2d 1241 (N.D. Fla. 2012). · cites it 2× “See Fla. Stat. § 320.61 , Fla. Stat. To maintain the license, the Members are required to comply with Florida’s laws governing the relationship between motor vehicle licensees and dealers.”

State v. British Leyland Motors, Inc., 290 So. 2d 576 (Fla. 1st DCA 1974). “That is true because "licensees" are only those licensed under Section 320.61 and dealers, as such, are not licensed under that section.”

J. R. Furlong, Inc. v. Chrysler Corp., 419 So. 2d 385 (Fla. 4th DCA 1982). · cites it 2× “On or about April 3, 1978, CHRYSLER, a licensee under Section 320.61, Florida Statutes, notified its franchise dealer, FURLONG, a duly licensed dealer pursuant to Section 320.”

— 320.61(1) — 1 case

Hawkins v. Ford Motor Co., 748 So. 2d 993 (Fla. 1999). “(1993) (defining "licensee" as any person required to be licensed under section 320.61); § 320.61(1), Fla. Stat. (1993) (requiring manufacturers to be licensed).”

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