The Florida Senate

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)  "Distributor" or "wholesaler" means any person, firm, association, corporation, or company that sells or distributes new tractors and farm equipment to tractor or farm equipment dealers and that maintains distributor representatives within this state.

(2)  "Distributor branch" means a branch office maintained by a distributor or wholesaler which sells or distributes new tractors and farm equipment to tractor or farm equipment dealers.

(3)  "Distributor representative" means a representative employed by a distributor, distributor branch, or wholesaler.

(4)  "Factory branch" means a branch office maintained by a manufacturer which manufactures and assembles tractors and farm equipment for sale to distributors of tractors or to farm equipment dealers or which is maintained for directing and supervising the representatives of the manufacturer.

(5)  "Factory representative" means a representative employed by a manufacturer or factory branch for the purpose of making or promoting the sale of tractors and farm equipment or for supervising, servicing, introducing, or contracting with tractor or farm equipment dealers or prospective dealers.

(6)  "Farm equipment" means those farm implements which are primarily designed for use in agriculture.

(7)  "Franchise" means a contract or agreement, either expressed or implied, whether oral or written, for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a tractor or farm equipment dealer permission to use a trade name, service mark, trademark, or related characteristic and in which there is a common interest or community of interest in the marketing of tractors or farm equipment or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise.

(8)  "Franchisee" means a tractor or farm equipment dealer to whom a franchise is offered or granted.

(9)  "Franchisor" means a manufacturer, distributor, or wholesaler who grants a franchise to a tractor or farm equipment dealer.

(10)  "Fraud" means and includes actual fraud or constructive fraud as normally defined, in addition to the following:

(a)  A misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact.

(b)  A promise or representation not made honestly and in good faith.

(c)  An intentional failure to disclose a material fact.

(d)  Any artifice employed to deceive another.

(11)  "Manufacturer" means any person engaged in the business of manufacturing or assembling new and unused tractors and farm equipment.

(12)  "New tractor or farm equipment" means a tractor or item of farm equipment which has not been previously sold to and put into regular use or service by any person, except a distributor, wholesaler, or tractor or farm equipment dealer for resale.

(13)  "Person" means a natural person, corporation, association, partnership, trust, or other business entity and, in the case of a business entity, includes any other entity in which the business entity has a majority interest or which it effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of each such entity.

(14)  "Sale" means and includes the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any manner or form, whether by transfer in trust or otherwise, of any tractor or item of farm equipment or interest therein, or of any franchise related thereto, for a consideration and any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form for a consideration.

(15)  "Tractor" means a vehicle that is operated principally upon a farm, grove, or orchard in connection with agricultural or horticultural pursuits.

(16)  "Tractor or farm equipment dealer" means a person who sells, solicits, or advertises the sale of new and used tractors and farm equipment to the consuming public, but does not include:

(a)  A receiver, trustee, administrator, executor, personal representative, guardian, or other person appointed by or acting under judgment, decree, or order of any court.

(b)  A public officer while performing her or his duties as such officer.

(c)  A person making casual or isolated sales of her or his own tractors or items of farm equipment not subject to sales tax under the laws of this state.

(d)  A person engaged in the auction sale of tractors and farm equipment.

(e)  A dealer in used tractors and farm equipment.

History.--s. 3, ch. 84-217; s. 735, ch. 97-102.