Florida Statute 320.67 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.67

320.67 Violations by dealers; complaint; conduct of inquiry; inspection of records; penalties.—

(1) The department shall conduct an inquiry of a licensee relating to any written complaint alleging a violation of any provision of ss. 320.61-320.70 against such licensee made by a motor vehicle dealer with a current franchise agreement issued by the licensee, or a motor vehicle dealer association with at least one member with a current franchise agreement issued by the licensee.

(2) In the exercise of its duties under this section, the department is granted and authorized to exercise the power of subpoena for the purposes of compelling production of and inspecting pertinent books, records, letters, and contracts of a licensee and compelling the attendance of witnesses at deposition. The inquiry required by this section must be commenced within 30 days after receipt of the written complaint. The department may allow the licensee that is the subject of the complaint no more than 60 days after commencement of the inquiry to provide a written response. Within 30 days after the deadline for a written response by the licensee, the department must provide a written response to the complainant stating whether the department intends to take action against the licensee under subsection (3) and, if so, what action the department intends to take. Any information obtained may not be used against the licensee as the basis for a criminal prosecution under the laws of this state.

(3) If, as the result of an inquiry conducted under this section, the department determines that a licensee has violated any provision of ss. 320.61-320.70, the department must take appropriate action against the licensee, which may include license suspension or revocation; denial of a license renewal application; assessment, imposition, levy, and collection of an appropriate civil fine; or instituting a civil action for issuance of an injunction pursuant to s. 320.695.

(4) This section does not alter or affect the rights of a motor vehicle dealer to bring a claim or action against a licensee pursuant to any other provision of ss. 320.60-320.70.

History.—s. 8, ch. 20236, 1941; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 12, ch. 70-424; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 3, ch. 2017-187; s. 6, ch. 2023-233.

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Amendments to 320.67

Arrestable Offenses / Crimes under Fla. Stat. 320.67

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 320.67.

Annotations, Discussions, Cases:

Cases Citing Statute 320.67

Total Results: 8

Hampton v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-05-18

Citation: 336 So. 2d 378

Snippet: (3 Fla.App. 1974). [3] Buie v. State, 68 Fla. 320, 67 So. 102 (1914), and Henry v. State, 81 Fla. 763

Henderson v. State

Court: Supreme Court of Florida | Date Filed: 1954-02-09

Citation: 70 So. 2d 358, 1954 Fla. LEXIS 1245

Snippet: 5008, Rev.Gen.Stats. 1920; Buie v. State, 68 Fla. 320, 67 So. 102." Pope v. State, 84 Fla. 428, 94 So. 865

Skipper v. State

Court: Supreme Court of Florida | Date Filed: 1942-03-27

Citation: 7 So. 2d 128, 150 Fla. 259, 1942 Fla. LEXIS 965

Snippet: 32 Fla. 358, 13 So. 955; Buie v. State, 68 Fla. 320, 67 So. 320; Whiting v. State,97 Fla. 693, 122 So.

Tucker v. State

Court: Supreme Court of Florida | Date Filed: 1930-12-09

Citation: 131 So. 327, 100 Fla. 1440

Snippet: before the fact a principal. Buie v. State, 68 Fla. 320, 67 So. R. 102. The evidence shows that the cattle

Whiting and Farris v. State

Court: Supreme Court of Florida | Date Filed: 1929-05-02

Citation: 122 So. 2, 97 Fla. 693

Snippet: accessory as for the principal. Buie v. State, 68 Fla. 320, 67 So. R. 102; Albritton v. State, 32 Fla. 358, 13

Pope v. State

Court: Supreme Court of Florida | Date Filed: 1922-10-16

Citation: 84 Fla. 428, 94 So. 865

Snippet: 5008 Rev. Gen. Stat. 1920; Buie v. State, 68 Fla. 320, 67 South. Rep. 102. “The principle is well established

Brown v. State

Court: Supreme Court of Florida | Date Filed: 1921-10-22

Citation: 82 Fla. 306, 89 So. 873

Snippet: 358, 13 South. Rep. 955; Buie v. State, 68 Fla. 320, 67 South. Rep. 102. The failure of the State to prove

Bellamy v. Sheriff of Jackson County

Court: Supreme Court of Florida | Date Filed: 1855-01-15

Citation: 6 Fla. 62

Snippet: 710,64. Wm. Sullivan, Adm’r., “ 27th Noy. 1844, 3,320,67. Milps Vance, “ 20th “ “ 322,36. Geo. A. Croom