Cases from cite.case.law:

RECOVERY RACING, LLC, d b a Ft. LLC, d b a v. MASERATI NORTH AMERICA, INC., 261 So. 3d 600 (Fla. App. Ct. 2019)

. . . We reverse the agency's determination that the dealers were entitled to section 320.641 fairness hearings . . . The dealers challenged the 2017 program under section 320.641, Florida Statutes (2017). . . . They argued that Maserati did not comply with the 90-day notice requirement of subsection 320.641(1)( . . . a), so that the 2017 program was "voidable" at their option pursuant to subsection 320.641(1)(b). . . . Nothing in subsections 320.641 or 320.60 so handcuffs motor vehicle manufacturers. . . .

HOPKINS PONTIAC GMC, INC. v. ALLY FINANCIAL INC. f k a GMAC LLC, f k a LLC,, 60 F. Supp. 3d 1252 (N.D. Fla. 2014)

. . . ,' cancellation, or nonrenewal, if implemented, would be in violation of any of the provisions of § 320.641 . . . a franchise agreement of a licensed motor vehicle dealer in violation of any of the provisions of § 320.641 . . . Stat. § 320.641, which requires 90-day advance written notice of any intent not to cancel or fail to . . .

WINTER PARK IMPORTS, INC. v. JM FAMILY ENTERPRISES,, 66 So. 3d 336 (Fla. Dist. Ct. App. 2011)

. . . not be applicable to any motor vehicle dealer after final determination by the department under s. 320.641 . . .

PALMETTO FORD TRUCK SALES, INC. d b a v. STERLING TRUCK CORPORATION, v. d b a v., 38 So. 3d 205 (Fla. Dist. Ct. App. 2010)

. . . Department of Highway Safety and Motor Vehicles (DHSMV) for an administrative hearing pursuant to section 320.641 . . . In the final order under review, DHSMV dismissed the dealers’ complaints on grounds that section 320.641 . . . operations never affords a dealer the right to petition for a fairness determination pursuant to section 320.641 . . . Pursuant to section 320.641(3), Florida Statutes (2008), a dealer has the right to an administrative . . . applicant or licensee shall have the burden of proof that such action is fair and not prohibited. § 320.641 . . .

DAEWOO MOTOR AMERICA, INC. v. GENERAL MOTORS CORP. GM Co., 459 F.3d 1249 (11th Cir. 2006)

. . . . § 320.641) against all defendants; (12) Illegal Conduct Related to Motor Vehicle Business (Fla.Stat . . . Stat. §. 320.641(l)(b)(3), which proscribes the "unfair” termination. of a franchise agreement. . . .

DAEWOO MOTOR AMERICA, INC. v. GENERAL MOTORS CORP. GM Co., 459 F.3d 1249 (11th Cir. 2006)

. . . . § 320.641) against all defendants; (12) Illegal Conduct Related to Motor Vehicle Business (Fla.Stat . . . Stat. § 320.641(l)(b)(3), which proscribes the "unfair” termination of a franchise agreement. . . .

BECKFORD, v. GENERAL MOTORS CORPORATION,, 919 So. 2d 612 (Fla. Dist. Ct. App. 2006)

. . . , Florida Statutes (2002), and (2) Florida’s Motor Vehicle Licensing Act (“FMVLA”), sections 320.60-320.641 . . .

DAEWOO MOTOR AMERICA, INC. v. GENERAL MOTORS CORP. GM Co., 315 B.R. 148 (M.D. Fla. 2004)

. . . . § 549; (XI) Constructive Termination of Distribution/Franchise Agreements, Florida Statute § 320.641 . . .

L. BROOKS, v. ST. JOHN S MOTOR SALES, INC., 814 So. 2d 1237 (Fla. Dist. Ct. App. 2002)

. . . In the Complaint, the Plaintiff alleges violation of § 320.641 and § 320.645, Fla. . . . A review of the content of the Act, especially § 320.641, Fla. . . .

CHRYSLER CORPORATION, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 720 So. 2d 563 (Fla. Dist. Ct. App. 1998)

. . . proceedings in the trial court relating to Chrysler’s challenge to the facial constitutionality of section 320.641 . . . agreements between motor vehicle manufacturers (“licensees”) and dealers states in pertinent part: 320.641 . . . alleged breach of the franchise agreement which is not in fact a material and substantial breach. § 320.641 . . . with the Department an administrative complaint against Chrysler seeking relief pursuant to section 320.641 . . . In its facial challenge, Chrysler alleged that section 320.641(3), Florida Statutes (1995), “provides . . .

J. PEARSON, J. v. FORD MOTOR COMPANY,, 694 So. 2d 61 (Fla. Dist. Ct. App. 1997)

. . . Appellant alleges violation of section 320.641, unfair cancellation of franchise agreements; section . . . Section 320.641 requires a licensee, in this case Ford, to give written notice to the Florida Department . . . This is also known as the Florida Motor Vehicle Dealer Act, §§ 320.60-320.70, Fla.Stat. (1995). . 320.641 . . .

AERO PRODUCTS CORPORATION, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 675 So. 2d 661 (Fla. Dist. Ct. App. 1996)

. . . issue is whether an ambulance dealer is included in the limited class of dealers protected by section 320.641 . . . between it and Aero is governed by §§ 320.60-70 Florida Statutes (1993) and, therefore, believes § 320.641 . . . Therefore, to determine if Aero comes under the protection of section 320.641, we must consider if an . . . 320.60(10) applies, whenever the term motor vehicle is used in Secs. 320.61-320.70, including Sec. 320.641 . . . See § 320.641(3), Fla. . . .

FERRARI NORTH AMERICA, INC. v. CROWN AUTO DEALERSHIPS, INC. d b a, 658 So. 2d 1187 (Fla. Dist. Ct. App. 1995)

. . . (Crown) pursuant to section 320.641, Florida Statutes (1993). We affirm. . . . complaint with the Department of Highway Safety and Motor Vehicles for a determination under section 320.641 . . . See the last sentence of Section 320.641(3), Florida Statutes, which by necessary implication authorizes . . . Section 320.641(3) provides: Any motor vehicle dealer whose franchise agreement is discontinued, canceled . . . Because the hearing officer had jurisdiction pursuant to section 320.641 to consider the issues raised . . .

J. PEARSON, v. FORD MOTOR CO. Co. Co., 865 F. Supp. 1504 (N.D. Fla. 1994)

. . . Neither the parties, nor I, have discovered any reported decision of a Florida court construing Section 320.641 . . .

MIKE SMITH PONTIAC, GMC, INC. v. MERCEDES- BENZ OF NORTH AMERICA, INC., 32 F.3d 528 (11th Cir. 1994)

. . . Pursuant to § 320.641, MSP filed an administrative complaint with the Department of Highway Safety and . . . Section 320.641(l)(a) requires a manufacturer to give 90 days notice of its intent to cancel a dealer . . .

GUS MACHADO BUICK- GMC TRUCK, INC. v. GENERAL MOTORS CORPORATION, GUS MACHADO BUICK- GMC TRUCK, INC. v. BUICK MOTOR DIVISION, GENERAL MOTORS CORPORATION,, 623 So. 2d 810 (Fla. Dist. Ct. App. 1993)

. . . Thereafter, on March 5, 1991, GM notified Machado, pursuant to Sections 320.641(4) and (5), Florida Statutes . . . On March 22, 1991, Machado filed a petition pursuant to section 320.641(5) for determination of whether . . . transfer acts to continue the franchise agreement in a termination proceeding commenced under section 320.641 . . . ease would have the same effect in GM’s abandonment/termination proceeding commenced under sections 320.641 . . . As there was no valid transfer, the stay provisions of section 320.641(7) do not apply. . . .

BARRY COOK FORD, INC. v. FORD MOTOR COMPANY,, 616 So. 2d 512 (Fla. Dist. Ct. App. 1993)

. . . Section 320.641(3) provides that any motor vehicle dealer whose franchise agreement is discontinued, . . . Section 320.641(5) provides that if the dealer prevails, he shall have a cause of action against the . . . Similarly, while resort may be had to the administrative forum pursuant to section 320.641(3) to determine . . . Section 320.641(3) uses the past tense. . . . Cook Ford concedes that certain 1988 amendments to section 320.641(3) are not applicable in this case . . .

In TOM STIMUS CHRYSLER- PLYMOUTH, INC., 134 B.R. 676 (Bankr. M.D. Fla. 1991)

. . . . § 320.641(4). . . . These Sections of the Florida Statutes provide in pertinent part as follows: 320.641. . . .

GENERAL MOTORS CORPORATION, BUICK AND GMC TRUCK DIVISION, v. GUS MACHADO BUICK- GMC, INC., 581 So. 2d 637 (Fla. Dist. Ct. App. 1991)

. . . This remedy is expressly provided for in subsections 320.641(4) and (5), Florida Statutes (1989). . . . It relied on section 320.641(5) which provides: [I]f a motor vehicle dealer has abandoned his franchise . . . See §§ 320.641(l)-(3), Fla.Stat. (1989). . . .

MERCEDES- BENZ OF NORTH AMERICA, a v. MIKE SMITH PONTIAC GMC, INC. a v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, MERCEDES- BENZ OF NORTH AMERICA, INC. v. MIKE SMITH PONTIAC GMC, INC. Z. R., 561 So. 2d 620 (Fla. Dist. Ct. App. 1990)

. . . On January 16, 1986, MSP filed an administrative complaint with the Department pursuant to section 320.641 . . . within the ninety day notice period, the dealer agreement continued in effect by operation of section 320.641 . . . Section 320.641(3) provides as follows: Any motor vehicle dealer whose franchise agreement is discontinued . . . agreements renewed or entered into subsequent to May 31, 1984, will be governed by this act. .See § 320.641 . . .

In LAUDERDALE MOTORCAR CORP. LAUDERDALE MOTORCAR CORP. v. ROLLS- ROYCE MOTORS INC., 35 B.R. 544 (Bankr. S.D. Fla. 1988)

. . . . § 320.641 on or before September 30, 1983.” . . . Fla.Stat. § 320.641(2) (1981). . . . Fla.Stat. § 320.641(1) (1981). . . . Fla.Stat. § 320.641(3) (1981). . . . the 90-day notice period during which an automobile dealer may protest non-renewal under Fla.Stats. § 320.641 . . .

ED MULLINAX FORD, INC. v BOLTON- HOOLEY, INC., 34 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1988)

. . . inadequate representation in the relevant territory or community and that the requirements of Section 320.641 . . .

CABRIOLET PORSCHE AUDI, INC. a d b a v. AMERICAN HONDA MOTOR CO. INC. A, 773 F.2d 1193 (11th Cir. 1985)

. . . Statutes The district court found that American Honda violated sections 320.64(4) and (8) and section 320.641 . . . Section 320.641(l)(a) provides that motor vehicle manufacturers, distributors and importers shall notify . . . Thus, 320.641(l)(a) and 320.64(8) do not apply. . . . The court further found that 320.641(l)(a) was also violated when American Honda discriminated against . . . ” or "discontinuance” of Cabriolet’s dealership, in violation of the notice requirements of Section 320.641 . . .

DICK WINNING CHRYSLER- PLYMOUTH OF FT. MYERS, INC. a v. CHRYSLER MOTORS CORPORATION a, 750 F.2d 895 (11th Cir. 1985)

. . . In addition, section 320.641 prohibits unfair cancellations of franchise agreements and provides for . . .

MERCEDES- BENZ OF NORTH AMERICA, INC. a v. DEPARTMENT OF MOTOR VEHICLES OF STATE FIFTH AVENUE MOTORS, LTD. a d b a a d b a, 455 So. 2d 404 (Fla. Dist. Ct. App. 1984)

. . . struck MBNA’s final defense relating to the impact of the 1980 amendment, reasoning that under section 320.641 . . . Mercedes-Benz standard dealer agreement inured to the benefit of both Fifth Avenue and Hawkins under section 320.641 . . . holding is that the trial court made its determination by applying Florida law, in particular section 320.641 . . .

J. R. FURLONG, INC. d b a v. CHRYSLER CORPORATION,, 419 So. 2d 385 (Fla. Dist. Ct. App. 1982)

. . . 1978, FURLONG filed with the Department of Motor Vehicles of the State of Florida, pursuant to Section 320.641 . . . without just provocation, unfairly cancelled the aforesaid agreement contrary to Sections 320.64 and 320.641 . . . attahced [sic] hereto and made a part hereof as Plaintiff’s Exhibit “C”, ruled pursuant to Section 320.641 . . . Section 320.641(5), Florida Statutes, states that if a motor vehicle dealer prevails against a licensee . . . II Section 320.641(3), (5), Florida Statutes (1981), upon which the subject complaint was based, provides . . .

NEW MOTOR VEHICLE BOARD OF CALIFORNIA v. ORRIN W. FOX CO., 439 U.S. 96 (U.S. 1978)

. . . . §320.641 (1977); Ga. Code § 84-6610 (f) (Supp. 1977); Haw. Rev. . . .

FIAT MOTORS OF NORTH AMERICA, INC. v. D. CALVIN a, 356 So. 2d 908 (Fla. Dist. Ct. App. 1978)

. . . Section 320.641(3), Florida Statutes (1977), provides: (3) Any motor vehicle dealer whose franchise agreement . . . statute, respondent Calvin, director of the Division, entered an order setting a hearing under Section 320.641 . . . Section 320.641(3) provides that the dealer’s filing of a verified complaint, without more, stays the . . .

INTERNATIONAL HARVESTER COMPANY, v. D. CALVIN,, 353 So. 2d 144 (Fla. Dist. Ct. App. 1977)

. . . The Director has so acted under Section 320.641, Florida Statutes (1975), which allows him to find an . . . complained to the Department of Highway Safety and Motor Vehicles, under another subsection of Section 320.641 . . . bad faith by the manufacturer, constituting an unfair cancellation under Sections 320.64(7), (8) and 320.641 . . . Section 320.641 specifically deals with unfair cancellations of franchise agreements and provides in . . . The only criterion for agency review under Section 320.641(3) is whether the franchise agreement was . . .

YAMAHA PARTS DISTRIBUTORS INC. v. EHRMAN, 316 So. 2d 557 (Fla. 1975)

. . . appeal from an order- of the Broward County Circuit Court which upheld the constitutionality of Sections 320.641 . . . In that order the trial court found Sections 320.641 and 320.695, Florida Statues, to be constitutional . . . termination was invalid for failure to provide 90 days notice of termination as required by Section 320.641 . . . We hold that the Section 320.641, Florida Statutes, applies prospectively to motor vehicle franchise . . . Section 320.641(3), Fla.Stat. . Art. I, Section 10, U.S.Const.; Art. I, Section 10, Fla.Const. . . . .

STATE v. BRITISH LEYLAND MOTORS, INC., 290 So. 2d 576 (Fla. Dist. Ct. App. 1974)

. . . Section 320.641, F.S.A., which provides in part: “(l)(a) An applicant or licensee shall notify the motor . . . Section 320.641, F.S.A.; that the court cannot change the plain meaning of the statute and, consequently . . . Certainly the legislature contemplated that the benefits of Section 320.641 would extend to that class . . . The court is of the opinion that the context of Section 320.641, when considered in the context of the . . . If there were doubt as to whether the contract in question was within the terms of Section 320.641, that . . .

PLANTATION DATSUN, INC. a U. S. A. a v. D. CALVIN,, 275 So. 2d 26 (Fla. Dist. Ct. App. 1973)

. . . Section 320.641 et seq., Florida Statutes, F.S.A. . . .