Florida Statutes
Fla. Stat. § 320.695 (2025)
Injunction.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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320.695 Injunction.—In addition to the remedies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department, or any motor vehicle dealer in the name of the department and state and for the use and benefit of the motor vehicle dealer, is authorized to make application to any circuit court of the state for the grant, upon a hearing and for cause shown, of a temporary or permanent injunction, or both, restraining any person from acting as a licensee under the terms of ss. 320.60-320.70 without being properly licensed hereunder, or from violating or continuing to violate any of the provisions of ss. 320.60-320.70, or from failing or refusing to comply with the requirements of this law or any rule or regulation adopted hereunder. Such injunction shall be issued without bond. A single act in violation of the provisions of ss. 320.60-320.70 shall be sufficient to authorize the issuance of an injunction. However, this statutory remedy shall not be applicable to any motor vehicle dealer after final determination by the department under s. 320.641(3).
History.—s. 15, 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.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1975–2023 · leading case: Yamaha Parts Distributors Inc. v. Ehrman, 316 So. 2d 557 (Fla. 1975).
Yamaha Parts Distributors Inc. v. Ehrman, 316 So. 2d 557 (Fla. 1975). “Shortly thereafter, U-Cycle filed suit under Section 320.695, Florida Statutes, seeking a temporary and a permanent injunction against Yamaha and asking that the court reinstate the franchise contract.”
Daewoo Motor Am., Inc. v. Gen. Motors Corp., 459 F.3d 1249 (11th Cir. 2006). “See Fla. Stat. §§ 320.695 , 320.697. . Daewoo America cites Mass.”
Barry Cook Ford, Inc. v. Ford Motor Co., 616 So. 2d 512 (Fla. 1st DCA 1993). “" § 320.695, Fla. Stat. (1987) (emphasis supplied).”
Winter Park Imports, Inc. v. JM Fam. Enter., 66 So. 3d 336 (Fla. 5th DCA 2011). “Pursuant to section 320.695, 1 the plaintiff sought injunctive re *338 lief to 1) prohibit defendants from owning or operating a Lexus dealership in Orange County, Florida, 2) prohibit defendants, JM Family, JM Auto, and Southeast Toyota from owning or operating a Lexus…”
Pearson v. Ford Motor Co., 694 So. 2d 61 (Fla. 1st DCA 1997). “645, restriction upon ownership of *65 dealership by licensee; section 320.695, injunction; and section 320.”
Bayview Buick-GMC Truck, Inc. v. GMC, 597 So. 2d 887 (Fla. 1st DCA 1992). “Bayview sought injunctive relief pursuant to section 320.695, Florida Statutes (1989), which allows actions to be brought in the name of the Department of Highway Safety and Motor Vehicles for the use and benefit of motor vehicle dealers.”
Brandon Chrysler Plymouth Jeep Eagle, Inc. v. Chrysler Corp., 898 F. Supp. 858 (M.D. Fla. 1995). “Upon a prima facie showing by the person bringing the action that such a violation by the licensee has occurred, the burden of proof shall then be upon the licensee to prove that such violation or unfair practice did not occur.”
West Palm Beach Acquisitions, Inc v. KIA Motors Am., Inc. (S.D. Fla. 2022). “§320.695, Fla. Stat. [Compl. ¶ 92]. As Plaintiff has voluntarily dismissed Count II, and the Court has declined to enter summary judgment on Plaintiff’s behalf as to Count I, the Court cannot enter summary judgment in favor of Plaintiff as to Count III.”
Brooks v. St. John's Motor Sales, Inc., 814 So. 2d 1237 (Fla. 5th DCA 2002). “Augustine Toyota pursuant to § 320.695, Fla. Stat. The grounds asserted for temporary or permanent in-junctive relief are assertions that SET and St.”
Braman Motors, Inc. v. BMW of North Am., LLC (S.D. Fla. 2023). “Stockton may testify on the issue of harm in support of Braman’s claim for injunctive relief in Counts III, [V and X, pursuant to Section 320.695 of the Florida Dealer Act.”
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