The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 545
COMBINATIONS RESTRICTING FINANCING OF MOTOR VEHICLES

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F.S. 545.02

545.02 Contracts designating finance company through which sale of motor vehicle to be financed declared void.—It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition, or with the agreement or understanding, expressed or implied, that such dealer shall in any manner finance the purchase or sale of any one or number of motor vehicles only through a designated finance company or shall sell and assign the conditional sales contracts or chattel mortgages or other paper arising from the sale of motor vehicles or any one or number thereof only to a designated finance company, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the finance company who is designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles, or to purchase such conditional sales contract, chattel mortgages or other paper, and any such condition, agreement, or understanding is declared to be void and against the public policy of this state.

History.—s. 1, ch. 18031, 1937; CGL 1940 Supp. 4151(460).

F.S. 545.02 on Google Scholar

F.S. 545.02 on Casetext

Amendments to 545.02

Arrestable Offenses / Crimes under Fla. Stat. 545.02

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

S545.02 - ANTITRUST - CONTRACT DESIGNATES FINANCE COMPANY - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. VENTURA,, 17 F. Supp. 2d 1204 (D. Kan. 1998)

. . . See, e.g., Ex. 542.01, 544.01, 545.01, 545.02; Tr. at 877-78,1034-37. . . .

In QUALITY HEALTH CARE, E. GOUVEIA, v. INTERNAL REVENUE SERVICE, 215 B.R. 543 (Bankr. N.D. Ind. 1997)

. . . demand adequate protection as a condition precedent to turnover”, [citing, 4 Collier on Bankruptcy, ¶ 545.02 . . .

INTERNAL REVENUE SERVICE, v. E. DIPERNA,, 195 B.R. 358 (E.D.N.C. 1996)

. . . See generally 4 Collier on Bankruptcy, supra, ¶¶ 545.02-545.04; Morgan D. King & Jonathan H. . . .

In DAK INDUSTRIES INCORPORATED, a DAK INDUSTRIES, INCORPORATED, a v. DOT- LINE TRANSPORTATION, a, 195 B.R. 129 (Bankr. C.D. Cal. 1995)

. . . clear the distinction between the statutory lien and the consensual lien_” k Collier On Bankruptcy, ¶ 545.02 . . .

In KNIGHTS ATHLETIC GOODS, INC. B. SORENSON, Jr. v. BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY, KANSAS,, 128 B.R. 679 (D. Ark. 1991)

. . . material-mens’, and warehousemens’ liens as examples of statutory liens.” 4 Collier on Bankruptcy ¶ 545.02 . . .

In ORTIZ VEGA, ORTIZ VEGA, v. ASOCIACION EMPLEADOS DEL ESTADO LIBRE ASOCIADO DE PUERTO RICO,, 75 B.R. 858 (Bankr. D.P.R. 1987)

. . . not based on an agreement to give a lien or on judicial action.” 4 Collier on Bankruptcy, 15th Ed., ¶ 545.02 . . .