Florida Statutes Chapter 686 — SALES, DISTRIBUTION, AND FRANCHISE RELATIONSHIPS

Florida · statute · Fla. Stat. ch. 686 · 36 active provisions

Fla. Stat. § 686.30

Contract agreements for repair parts for motor vehicles and trucks; termination must be done in good faith; definition of good cause; prohibited practices; failure to pay sum specified on cancellation of contract; liability

(1) Any manufacturer of repair parts for motor vehicles or trucks who enters into a contract with a distributor of repair parts whereby the distributor agrees to maintain a stock of parts may not terminate or cancel any such contract with the distributor without good cause.(2) For the purposes of this section:(a) “Good…

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Business & Commerce

Fla. Stat. § 686.40

Agricultural Equipment Manufacturers and Dealers Act

Sections 686.40-686.418 shall be known by the popular name the “Agricultural Equipment Manufacturers and Dealers Act.”

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Agriculture & Food

Fla. Stat. § 686.401

Legislative finding and intent; construction of ss. 686.40-686.418

(1) The Legislature finds and declares that the distribution and sale of equipment primarily designed for or used in agriculture in this state vitally affects the general economy of the state, the public interest, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the cond…

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Fla. Stat. § 686.402

Definitions of terms used in ss. 686.40-686.418

In construing ss. 686.40-686.418, unless the context otherwise requires, the word, phrase, or term:(1) “Dealer” means a person who sells, solicits, or advertises the sale of new and used equipment to the consuming public, but does not include:(a) A public officer while performing her or his duties as such officer.(b) A…

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Business & Commerce

Fla. Stat. § 686.403

Application of ss. 686.40-686.418

(1) Any person who engages directly or indirectly in purposeful agreements or contracts within this state in connection with the sale or advertising for sale of new equipment and parts is subject to ss. 686.40-686.418 and to the jurisdiction of the courts of this state for violations of such sections in accordance with…

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Fla. Stat. § 686.405

Warranty agreements; claims; compensation of dealers

(1) Every manufacturer, distributor, wholesaler, factory branch or division, distributor branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers for labor and parts used in fulfilling s…

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Fla. Stat. § 686.406

Parts; availability; return

(1) Every manufacturer shall specify, and every dealer shall provide and fulfill, reasonable predelivery and preparation obligations for its equipment prior to delivery of the equipment to retail purchasers.(2) Every manufacturer shall provide for the availability of repair parts throughout the reasonable useful life o…

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Fla. Stat. § 686.407

Repurchase of inventory upon termination of franchise agreement; establishment or relocation of dealership; sale or lease of new equipment

(1) Whenever any dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler in which agreement the dealer agrees to maintain an inventory of equipment or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory a…

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Business & Commerce Courts & Civil Procedure Property & Real Estate

Fla. Stat. § 686.408

Repurchase of inventory upon death or incapacity of dealer

(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer’s last wi…

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Business & Commerce

Fla. Stat. § 686.409

Compensation for inventory upon refusal to renew, termination of, or restriction on transfer of a franchise

It is unlawful for the manufacturer, distributor, wholesaler, or franchisor, without due cause, to fail to renew a franchise on terms then equally available to all of its dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee receives fair and reasonable compensation for the…

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Business & Commerce

Fla. Stat. § 686.41

Indemnification of dealer with respect to legal actions

A manufacturer, distributor, or wholesaler shall fully indemnify and hold harmless his or her dealer against any losses including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of any complaint, claim, or lawsuit involving, but not limited to, strict liability, negligence, misrep…

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Fla. Stat. § 686.413

Unlawful acts and practices

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of the manufacturing, distribution, wholesaling, franchising, sale, and advertising of equipment are declared to be unlawful.(1) It is deemed a violation of this section for any manufacturer, factory branch, factory representative, d…

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Fla. Stat. § 686.415

Unenforceable contract or franchise agreement

Any contract or franchise agreement or part thereof or practice thereunder which is in violation of any provision of ss. 686.40-686.418 is deemed against public policy and is void and unenforceable.

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Business & Commerce

Fla. Stat. § 686.417

Remedies

(1) In addition to temporary, preliminary, or final injunctive relief as provided in s. 686.413(3)(c)1., any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in ss. 686.40-686.418 may bring an action therefor in the appropriate circuit court of this state and shall r…

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Courts & Civil Procedure

Fla. Stat. § 686.418

Effect of act on other remedies

Sections 686.40-686.418 are supplemental to and do not preempt local ordinances dealing with prohibited or unlawful conduct in the manufacturing, distribution, wholesaling, advertising, or sale of equipment if such ordinances are not inconsistent with such sections.

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Fla. Stat. § 686.501

Definitions; ss. 686.501-686.506

As used in ss. 686.501-686.506:(1) “Art” means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, print, photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber, wood, tile, metal, plastic, or glass. The term shall also includ…

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Fla. Stat. § 686.502

Consignment relationship; notice; proceeds of sales held in trust; contract requirements

(1) Whenever a consignor delivers, or causes to be delivered, a work of art to a consignee for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation, the delivery to and acceptance thereof by the art dealer is deemed to be “on consignment”; and, with respect to…

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Business & Commerce

Fla. Stat. § 686.503

Contract provisions

Whenever a consignee accepts a work of art for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation, there shall be a written contract or agreement between the consignor and consignee which shall include, but not be limited to, the following provisions:(1) The…

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Business & Commerce

Fla. Stat. § 686.504

Warranties by art dealers; written statement; terminology

Any provision in any other law to the contrary notwithstanding:(1) When an art dealer, in selling or changing a work of art, furnishes to a buyer of such work who is not an art dealer a written instrument which, in describing the work, identifies it with any authorship, the description shall be presumed to be part of t…

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Fla. Stat. § 686.505

Construction of language

Words relevant to the creation of an express warranty of authenticity of authorship of a work of art and words tending to negate or limit warranty shall be construed where reasonable as consistent with each other by parol or extrinsic evidence; negation or limitation is inoperative to the extent that the construction i…

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Fla. Stat. § 686.506

Rights and liabilities, additional; merchant’s liability

(1) The rights and liabilities created by ss. 686.501-686.506 shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights and liabilities provided by law, including the law of principal and agent except where the construction would, as a matter of law, be unreasonable.(2)…

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Fla. Stat. § 686.60

Short title

Sections 686.601-686.614 may be cited as the “Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, and Servicing Dealers Act.”

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Fla. Stat. § 686.601

Legislative finding and intent; construction

(1) The Legislature finds and declares that the distribution and sale of outdoor power equipment in this state vitally affects the general economy of the state, the public interest, the public safety, the ecology of this state, and the public welfare and that, in the exercise of its police power, it is necessary to reg…

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Fla. Stat. § 686.602

Definitions of terms used in ss. 686.601-686.614

In construing ss. 686.601-686.614, unless the context otherwise requires, the word, phrase, or term:(1) “Dealer” or “servicing dealer” means a person who sells, solicits, or advertises the sale of new or used outdoor power equipment to the consuming public and services such equipment or a private business which has con…

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Business & Commerce

Fla. Stat. § 686.603

Application

(1) Any person who engages directly or indirectly in purposeful agreements or contracts within this state in connection with the sale or advertising for sale of new outdoor power equipment and parts is subject to ss. 686.601-686.614 and to the jurisdiction of the courts of this state for violations of such sections in…

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