The 2023 Florida Statutes (including Special Session C)
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. . . To that end, it enacted section 320.642, which outlines the procedures for obtaining a license to relocate . . . an existing dealership or establish a new dealership in an existing market. § 320.642, Fla. . . . Under section 320.642, the potential licensee must notify the Department of its intent to establish an . . . We reject Recovery Racing’s argument because section 320.642(3)(b)2. provides that an existing dealer . . . Interpreting the phrase any other way would ignore the implications of section 320.642’s location within . . .
. . . (2010), from the notice and protest requirements in sections 320.642(l)-(3), Florida Statutes (2010) . . . . § 320.642(1). . . . . § 320.642(1)-(3). . . . . § 320.642(5). . . . (5)(a)l from the notice and protest requirements in sections 320.642(l)-(3). . . .
. . . ITEC recognized that under section 320.642(8), Florida Statutes (2001), “An existing franchised motor . . . The order thus extinguished any rights claimed by Capital under section 320.642(3). . . .
. . . . § 320.642. . . .
. . . See § 320.642, Fla. Stat. (1997); Dave Zinn Toyota, Inc. v. Department of High. . . .
. . . Rule 15C-1.008 is intended principally to implement section 320.642, Florida Statutes, which addresses . . . where the same line-make vehicle is presently represented by a franchised ... dealer or dealers.” § 320.642 . . . providing adequate representation of such line-make motor vehicles in such community or territory.” § 320.642 . . . Appellants argue that, because no such time limit is contained in section 320.642, the Department lacks . . . “The purpose of [section] 320.642 ... is to prevent powerful manufacturers from taking unfair advantage . . . In May 1988, appellant, after complying with the requirements of sections 320.27 and 320.642, Florida . . . The Department and the majority rely on section 320.642, Florida Statutes, which rule 15C-1.008 purports . . . Section 320.642 sets forth detailed procedures governing notice to other dealers. . . . . § 320.642, Fla.Stat. . . . .
. . . Section 320.642(1), Florida Statutes (1989), provides that once a manufacturer proposes to establish . . . Section 320.642(2)(b)(5), Fla.Stat. (1989). . . . Section 320.642(5)(a), Fla.Stat. (1989). . . .
. . . The undersigned ruled that neither of these subjects were covered under Section 320.642, Florida Statutes . . . Section 320.642, Florida Statutes, lists types of evidence relevant to determining the adequacy of representation . . .
. . . The Florida statute at issue states: 320.642 Dealer licenses in areas previously served. . . . In affirming the Director’s determination that Section 320.642 is not applicable, the Florida Supreme . . .
. . . However, because it was not relevant to the proceedings below, conducted pursuant to section 320.642, . . .
. . . Braman asserts that it is entitled to standing under Sections 320.642, 320.699, 320.6992 and 120.57, . . . Section 320.642(3)(b), Florida Statutes (Supp.1988), states: (b) If the proposed additional or relocated . . . The hearing officer further held that Braman did not meet the standing criteria of Section 320.642(3) . . . Braman’s primary argument is that the Department erred in construing Section 320.642(3)(b) to restrict . . . We find that the Department’s holding that Braman does not qualify under the Section 320.642 standing . . .
. . . Section 320.642, Florida Statutes (1987), requires denial of new dealer licenses to establish additional . . . The court further noted that the purpose behind Section 320.642, Florida Statutes, was “not to foster . . . agreement is entitled to great weight in determining the relevant “community or territory” under Section 320.642 . . .
. . . administrative hearing alleged sufficient facts to survive the motion to dismiss, and that section 320.642 . . . The first issue is whether § 320.642, Fla.Stat. (1985), applies to dealer reloca-tions within the same . . . Nothing in the language of the statute precludes application of section 320.642 to dealer relocations . . . We hold, therefore, that § 320.642, Fla.Stat. (1985), does apply to dealer relocations within the same . . . At the time of the proceedings below section 320.642, Florida Statutes (1985), provided: The department . . .
. . . Ford Motor Company and Ed Mullinax Ford, Inc., for a new motor vehicle dealer license under Section 320.642 . . . Vehicles, an application for the issuance of a motor vehicle dealers license pursuant to Florida Statutes 320.642 . . . Section 320.642, Florida Statutes, establishes the following standards for acting on an application for . . . Ford has sustained the burden of proof placed upon it by Section 320.642, Florida Statutes. . . . The purpose of Section 320.642, Florida Statutes, is to prevent manufacturers from establishing more . . .
. . . Stewart Pontiac protested the establishment of the new dealership under the terms of § 320.642, Florida . . . The purpose of § 320.642, Florida Statutes (1985), as we understand it, is to prevent manufacturers from . . . For instance, under the clear language and intent of § 320.642, it matters not what the financial impact . . . hearing officer, and as supported by competent substantial evidence, met its burden as described by § 320.642 . . .
. . . Section 320.642, Florida Statutes (1981), establishes the standard for the issuance or denial of a motor . . . Finally, keeping in mind that: “[t]he purpose of § 320.642, F.S. 1973, is to prevent powerful manufacturers . . .
. . . Section 320.642 provides: The department shall deny an application for a motor vehicle dealer license . . . Fla.Stat. § 320.642 (1979). . . . application for a license should be granted or denied according to the criteria set forth in section 320.642 . . . It further found that the criteria for denying a license in section 320.642 had not been established. . . .
. . . Appellant requested a hearing pursuant to Section 320.642, Florida Statutes (1979), which reads: The . . . Askew, 332 So.2d 613 (Fla.1976), which holds that Section 320.642 does not apply to a replacement dealer . . . The Department acted improperly in failing to abide by Section 320.642, Florida Statutes (1979), and . . . in which the new dealership proposes to locate, advising such dealers of the provisions of Section 320.642 . . . The appellant in this matter never made an appropriate request for a hearing pursuant to Section 320.642 . . .
. . . community in which the new dealership proposes to locate advising such dealers of the provisions of Section 320.642 . . .
. . . Section 320.642, Florida Statutes, as printed in the 1971 Florida Statutes, therefore, is no more than . . . It rebuts the prima facie effect of Section 320.642, Florida Statutes 1971.” . . .
. . . . §320.642 (1977); Ga. Code § 84-6610 (f) (8) (Supp. 1977); Iowa Code § 322A.4 (1977); S. D. Comp. . . . Stat. §320.642 (1977); Ga. Code § 84-6610 (f) (8) (Supp. 1977); Iowa Code § 322A.4 (1977); S. D. . . . Stat. §320.642 (1977); Ga. Code § 84^6610 (f) (8) (Supp. 1977); Tenn. . . . . §320.642 (1977); Ga. Code §§84-6610 (f)(8), (10) (Supp. 1977); Haw. Rev. . . .
. . . in which the new dealership proposes to locate, advising such dealers of the provisions of Section 320.642 . . . investigation and hold such hearing as he deems necessary to determine the questions specified under Section 320.642 . . .
. . . notice the Director shall be authorized to proceed with making the determination required by Section 320.642 . . . in which the new dealership proposes to locate, advising such dealers of the provisions of Section 320.642 . . . investigation and hold such hearing as he deems necessary to determine the questions specified under Section 320.642 . . .
. . . that the existing dealers were not providing adequate representation in the territory pursuant to § 320.642 . . . The only response was an order setting the application for hearing pursuant to § 320.642, Fla.Stat. . . . construing the application filed by Home Volkswagen, Inc., as a new application to be processed under § 320.642 . . . It was certainly not the intent of the legislature that the provisions of § 320.642, Fla.Stat., could . . . they had failed to provide adequate representation to the licensee in the territory as required by § 320.642 . . . . § 320.642 states as follows in relation to denial of a motor vehicle dealer license: “The department . . .
. . . Petitioners complain that, when issuing the license to Crown Ford, Respondents did not comply with Section 320.642 . . . Section 320.642, Florida Statutes, states: “320.642 Dealer licenses in areas previously served. — The . . . determined that a replacement dealer, such as Crown Ford, Inc., does not come within the purview of Section 320.642 . . .
. . . Petitioners urge that the Director granted the license in violation of § 320.642, F.S.1973, providing . . . We agree with the Director, General Motors and Berwick that § 320.642 does not foreclose additional Chevrolet . . . The purpose of § 320.642, F.S.1973, is to prevent powerful manufacturers from taking unfair advantage . . . Assuming as we do that the legislature in enacting § 320.642 intended “to serve the best interest of . . .
. . . remanded to the Director of the Division of Motor Vehicles with directions to hold a hearing under Section 320.642 . . .
. . . Florida Statutes § 320.642 (1973). . . . Florida Statutes § 320.642. . . .
. . . (See F.S. 320.642). . . . F.S. 320.642, Florida Statutes 1971, provides as follows: “The department shall deny an application for . . . F.S. 320.642 and part of F.S. 320.27 and F.S. 320.60, Florida Statutes 1971, were enacted into law as . . . Section 320.642, Florida Statutes, as printed in the 1971 Florida Statutes, therefore, is no more than . . . It rebuts the prima facie effect of Section 320.642, Florida Statutes 1971. . . .
. . . Responsibility of Dealer” is the same as, or different from, “the community or territory” referred to in F.S. 320.642 . . .
. . . The statute governing issuing of such a license by respondent, Section 320.642, Florida Statutes, F.S.A . . .
. . . Respondent’s findings do not meet the requirements of Section 320.642, Florida Statutes, F.S.A., for . . .
. . . Broward County protested the issuing of the license to operate the new dealership in accordance with § 320.642 . . . Section 320.642, as a part of the comprehensive statute on motor vehicle licenses, reads as follows: . . . A reading of Section 320.642, Florida Statutes, F.S.A., in the context of the entire chapter, shows that . . . The basis for Section 320.642 was ably expressed by the Wisconsin Supreme Court in construing a similar . . .