Florida Statute 320.697 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 320.697

Total Results: 15

Ernie Haire Ford, Inc. v. Ford Motor Company

260 F.3d 1285, 2001 U.S. App. LEXIS 17693

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2001 | Docket: 397037

Cited 50 times | Published

Stat. § 320.643 (1997) 4 Section 320.697 of the Florida Statutes provides a cause of

Ernie Haire Ford, Inc. v. Ford Motor Company

260 F.3d 1285

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2001 | Docket: 397032

Cited 34 times | Published

B. Fla. Stat. § 320.643 (1997)4 Section 320.697 of the Florida Statutes provides a cause of

Cabriolet Porsche Audi, Inc. v. American Honda Motor Co., Inc.

773 F.2d 1193, 1985 U.S. App. LEXIS 23701

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 1985 | Docket: 271345

Cited 25 times | Published

enter into any agreements with them. Under section 320.697 of the Florida Statutes, any person that suffers

Mike Smith Pontiac, Gmc, Inc. v. Mercedes-Benz Of North America, Inc.

32 F.3d 528, 1994 U.S. App. LEXIS 26174

Court of Appeals for the Eleventh Circuit | Filed: Sep 21, 1994 | Docket: 1036393

Cited 24 times | Published

that the Florida Automobile Dealer's Act, Section 320.697, Florida Statutes (1985) does not mandate a

Pearson v. Ford Motor Co.

694 So. 2d 61, 1997 WL 174345

District Court of Appeal of Florida | Filed: Apr 14, 1997 | Docket: 1732769

Cited 15 times | Published

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

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

616 So. 2d 512, 1993 Fla. App. LEXIS 3213, 1993 WL 74951

District Court of Appeal of Florida | Filed: Mar 18, 1993 | Docket: 2517668

Cited 11 times | Published

the proposed termination was unfair under section 320.697, Florida Statutes. The essence of Cook Ford's

Gates v. Chrysler Corp.

397 So. 2d 1187

District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 1357489

Cited 10 times | Published

all pertinent times the remedies afforded by Section 320.697, Florida Statutes, were available to "any person

Cabriolet Porsche Audi, Inc. v. American Honda Motor Co.

773 F.2d 1193

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 1985 | Docket: 66210936

Cited 4 times | Published

enter into any agreements with them. Under section 320.697 of the Florida Statutes, any person that suffers

Winter Park Imports, Inc. v. JM Family Enterprises

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

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 2361328

Cited 3 times | Published

damages against the defendants pursuant to section 320.697.[2] Although the plaintiff divided its third

Hopkins Pontiac GMC, Inc. v. Ally Financial Inc.

60 F. Supp. 3d 1252, 2014 U.S. Dist. LEXIS 163334, 2014 WL 6601150

District Court, N.D. Florida | Filed: Nov 20, 2014 | Docket: 64298459

Cited 2 times | Published

11); and for Attorney’s Fees under Fla. Stat. § 320.697 (Claim 12). It also alleges additional claims

Alliance of Automobile Manufacturers, Inc. v. Jones

897 F. Supp. 2d 1241, 2012 WL 4841734, 2012 U.S. Dist. LEXIS 136660

District Court, N.D. Florida | Filed: Sep 20, 2012 | Docket: 65985495

Cited 1 times | Published

Act. See Fla. Stat. § 320.698. And Fla. Stat. § 320.697 authorizes a dealer to bring a private cause of

John Phillip Risley v. Nissan Motor Corp.

254 F.3d 1296, 2001 U.S. App. LEXIS 14273

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2001 | Docket: 238566

Cited 1 times | Published

damages and attorney’s fees pursuant to Fla. Stat. § 320.697. The district court granted summary judgment to

Brandon Chrysler Plymouth Jeep Eagle, Inc. v. Chrysler Corp.

898 F. Supp. 858, 1995 U.S. Dist. LEXIS 13358, 1995 WL 544743

District Court, M.D. Florida | Filed: Sep 8, 1995 | Docket: 65999262

Cited 1 times | Published

plus costs and attorneys’ fees under Fla.Stat. § 320.697 (1993). That section provides as follows: Any

Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz of North America, Inc.

32 F.3d 528, 1994 WL 478594

Court of Appeals for the Eleventh Circuit | Filed: Sep 21, 1994 | Docket: 64018138

Cited 1 times | Published

that the Florida Automobile Dealer’s Act, Section 320.697, Florida Statutes (1985) does not mandate a

John Phillip Risley v. Nissan Motor Corp.

254 F.3d 1296

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2001 | Docket: 1441708

Published

damages and attorney’s fees pursuant to Fla. Stat. § 320.697. The district court granted summary judgment to