Florida Statute 320.697 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.697

320.697 Civil damages.—Any person who has suffered pecuniary loss or who has been otherwise adversely affected because of a violation by a licensee of ss. 320.60-320.70, notwithstanding the existence of any other remedies under ss. 320.60-320.70, has a cause of action against the licensee for damages and may recover damages therefor in any court of competent jurisdiction in an amount equal to 3 times the pecuniary loss, together with costs and a reasonable attorney’s fee to be assessed by the court. 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.

History.—s. 17, ch. 70-424; s. 3, ch. 76-168; s. 96, ch. 77-104; s. 1, ch. 77-457; ss. 16, 17, ch. 80-217; ss. 2, 3, ch. 81-318; s. 11, ch. 84-69; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 3, ch. 2017-187.

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Amendments to 320.697

Arrestable Offenses / Crimes under Fla. Stat. 320.697

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 320.697.

Annotations, Discussions, Cases:

Cases Citing Statute 320.697

Total Results: 6

Winter Park Imports, Inc. v. JM Family Enterprises

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-01T00:00:00-07:00

Citation: 66 So. 3d 336, 2011 Fla. App. LEXIS 10379, 2011 WL 2581758

Snippet: damages against the defendants pursuant to section 320.697.[2] Although the plaintiff divided its third amended…the department under s. 320.641(3). [2] Section 320.697 Civil damages.Any person who has suffered pecuniary

Hubbel v. Aetna Cas. & Sur. Co.

Court: Fla. | Date Filed: 2000-04-20T00:53:00-07:00

Citation: 758 So. 2d 94

Snippet: for attorney's fees elsewhere, see, e.g. §§ 320.697, 320.8245, 320.838, Fla. Stat. (1997), it does

Pearson v. Ford Motor Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-14T00:53:00-07:00

Citation: 694 So. 2d 61

Snippet: licensee; section 320.695, injunction; and section 320.697, civil damages. Section 320.641[2] requires a licensee

Barry Cook Ford, Inc. v. Ford Motor Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-17T23:53:00-08:00

Citation: 616 So. 2d 512

Snippet: proposed termination was unfair under section 320.697, Florida Statutes. The essence of Cook Ford'…The dealer also has a cause of action under sec. 320.697, which provides: Any person who has suffered pecuniary…cause of action for damages pursuant to section 320.697 upon a licensee's violation of section 320.64…violation or unfair practice did not occur." § 320.697, Fla. Stat. (1987). Given this statutory language…statutory action for treble damages under section 320.697. One of the exceptions to the doctrine of exhaustion

Gates v. Chrysler Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-05-06T00:53:00-07:00

Citation: 397 So. 2d 1187

Snippet: Chrysler pursuant to Sections 320.64, 320.696, and 320.697, Florida Statutes (1979). The trial court directed…pertinent times the remedies afforded by Section 320.697, Florida Statutes, were available to "any

Jagodnik v. Renault, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-03-16T00:00:00-08:00

Citation: 328 So. 2d 211, 1976 Fla. App. LEXIS 14803

Snippet: the provisions of Florida Statutes 320.696 and 320.697 (1971);1 hence this appeal by plaintiffs. The dispositive…community in which the dealer is doing business.” “320.697 Civil damages. — Any person suffering pecuniary