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Florida Statute 320.697 | Lawyer Caselaw & Research
F.S. 320.697 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 320.697

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 320
MOTOR VEHICLE LICENSES
View Entire Chapter
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.

F.S. 320.697 on Google Scholar

F.S. 320.697 on Casetext

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 from cite.case.law:

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)

. . . . § 320.697 (Claim 12). . . .

In AMERICAN SUZUKI MOTOR CORPORATION, s, 494 B.R. 466 (Bankr. C.D. Cal. 2013)

. . . . §§ 320.64(36) and 320.697, provide for the calculation of South Motors’ base damages claim and, where . . . It asserts As noted above, Section 320.697 of the Act provides for an automobile dealer such as South . . . STAT. § 320.697 (“Any person who has suffered pecuniary loss or who has been otherwise adversely affected . . . Thus, South Motors is entitled to an award of attorneys’ fees under both Section 320.697 and Section . . .

ALLIANCE OF AUTOMOBILE MANUFACTURERS, INC. v. L. JONES,, 897 F. Supp. 2d 1241 (N.D. Fla. 2012)

. . . . § 320.697 authorizes a dealer to bring a private cause of action against any manufacturer, importer . . .

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

. . . The plaintiff also sought monetary damages against the defendants pursuant to section 320.697. . . . Section 320.697 Civil damages. — Any person who has suffered pecuniary loss or who has been otherwise . . .

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

. . . . §§ 320.695, 320.697. . Daewoo America cites Mass. Gen. . . .

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

. . . . §§ 320.695, 320.697. . Daewoo America cites Mass. Gen. . . .

ERNIE HAIRE FORD, INC. K. B. Jr. B. III, v. FORD MOTOR COMPANY,, 260 F.3d 1285 (11th Cir. 2001)

. . . . § 320.643 (1997) Section 320.697 of the Florida Statutes provides a cause of action to “[a]ny person . . . Appellants contend that Appellee, a licensee, is liable under § 320.697 for violating Fla. . . .

RISLEY, J. Jr. v. NISSAN MOTOR CORP. USA, a, 254 F.3d 1296 (11th Cir. 2001)

. . . . § 320.697. The district court granted summary judgment to Appellee. We affirm. I. . . . Stat. § 320.697, which provides a cause of action to “[a]ny person who has suffered pecuniary loss or . . . Taylor sued the licensee in federal court under § 320.697. The dealership and Mr. . . . As such, Appellants contend that Appellee committed a “violation” pursuant to § 320.697. . . . We disagree with Appellants’ construction of Mike Smith and § 320.697. . . .

HUBBEL, v. AETNA CASUALTY SURETY COMPANY, C. B. v., 758 So. 2d 94 (Fla. 2000)

. . . . §§ 320.697, 320.8245, 320.838, Fla. . . .

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

. . . 320.645, restriction upon ownership of dealership by licensee; section 320.695, injunction; and section 320.697 . . .

BRANDON CHRYSLER PLYMOUTH JEEP EAGLE, INC. v. CHRYSLER CORPORATION,, 898 F. Supp. 858 (M.D. Fla. 1995)

. . . . § 320.697 (1993). . . .

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

. . . Taylor) appeal the district court’s summary judgment that the Florida Automobile Dealer’s Act, Section 320.697 . . . cross-appeals the district court’s summary judgment that Mercedes-Benz violated § 320.643 and that § 320.697 . . . the affirmative, we must decide whether the district court erred in finding that Florida Statutes § 320.697 . . . Section 320.697 provides that “[a]ny person who has suffered pecuniary loss or who has been otherwise . . . Appellants contend that § 320.697 is a remedial statute which plainly and unambiguously provides that . . . (3) Does Section 320.697 of the Florida Statutes (1985) mandate the trebling of damages? . . .

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

. . . judgment and damages against Ford on the ground that the proposed termination was unfair under section 320.697 . . . The dealer also has a cause of action under sec. 320.697, which provides: Any person who has suffered . . . “unfair or prohibited,” the dealer may also base a cause of action for damages pursuant to section 320.697 . . . proof “shall be upon the licensee to prove that such violation or unfair practice did not occur.” § 320.697 . . . See also § 320.697, Fla.Stat. . . .

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

. . . Under section 320.697 of the Florida Statutes, any person that suffers a pecuniary loss on account of . . . Under section 320.697, an automobile dealer suffering pecuniary loss on account of a violation of these . . . American Honda's violations of the Florida statutes should have been trebled, pursuant to Fla.Statutes, § 320.697 . . .

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

. . . rate being charged by the dealers, in the city or community in which the dealer is doing business. 320.697 . . . Fla.Stat. §§ 320.64(5), (8), (9); 320.696; 320.697 (1973). . . .

GATES, v. CHRYSLER CORPORATION, a a, 397 So. 2d 1187 (Fla. Dist. Ct. App. 1981)

. . . Count III. treble damages and attorneys fees against Chrysler pursuant to Sections 320.64, 320.696, and 320.697 . . . assume for purposes of this discussion that at all pertinent times the remedies afforded by Section 320.697 . . .

JAGODNIK v. RENAULT, INC. a a, 328 So. 2d 211 (Fla. Dist. Ct. App. 1976)

. . . together with costs and attorney’s fees pursuant to the provisions of Florida Statutes 320.696 and 320.697 . . . rate being charged by the dealers, in the city or community in which the dealer is doing business.” “320.697 . . .