Florida Statutes
Fla. Stat. § 320.6415 (2025)
Changes in plan or system of distribution.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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320.6415 Changes in plan or system of distribution.—
(1) A motor vehicle dealer franchise agreement shall continue in full force and operation notwithstanding a change, in whole or in part, of an established plan or system of distribution of the motor vehicles offered for sale under such franchise agreement. The appointment of a new importer or distributor for motor vehicles offered for sale under such franchise agreement shall be deemed to be a change of an established plan or system of distribution.
(2) Upon the occurrence of such change, the department shall deny an application:
(a) For any license filed pursuant to ss. 320.60-320.70 unless the applicant offers to each motor vehicle dealer who is a party to the franchise agreement a new franchise agreement containing substantially the same provisions which were contained in the previous franchise agreement or files an affidavit with the department acknowledging its undertaking to assume and fulfill the rights, duties, and obligations of its predecessor under the previous franchise agreement.
(b) For any license filed pursuant to s. 320.27 in any community or territory in which such franchise or selling agreement is continuing in full force and operation hereunder, until this section has been complied with.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2025–2025 · leading case: Deerfield Auto., LLC, d/b/a King Hyundai v. Hyundai Motor Am. Corp. (M.D. Fla. 2025).
Deerfield Auto., LLC, d/b/a King Hyundai v. Hyundai Motor Am. Corp. (M.D. Fla. 2025). “Ultimately, HMA’s plan was thwarted when the Florida Department of Highway Safety and Motor Vehicles (“FDHSMV”) rejected its application for a license to distribute Genesis motor vehicles in Florida, finding the plan violated Florida Statute § 320.6415. (Id. ¶¶ 15–16). That…”
Deerfield Auto., LLC v. Hyundai Motor Am. Corp. (S.D. Fla. 2025). “Ultimately, HMA’s plan was thwarted when the Florida Department of Highway Safety and Motor Vehicles (“FDHSMV”) rejected its application for a license to distribute Genesis motor vehicles in Florida, finding the plan violated Florida Statute § 320.6415. (Id. ¶¶ 15–16). That…”
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