The Florida Senate

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 contracted with the manufacturer or distributor to sell such equipment at retail and services such equipment and which is required to undergo training in the sale and servicing of such equipment, 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 his or her duties as such officer.

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

(d)  A person engaged in the auction sale of outdoor power equipment.

(e)  A dealer in used outdoor power equipment.

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

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

(4)  "Distributor branch" means a branch office maintained by a distributor or wholesaler which sells or distributes new outdoor power equipment to dealers.

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

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

(7)  "Factory representative" means a representative employed by a manufacturer or factory branch for the purpose of making or promoting the sale of outdoor power equipment or for supervising, servicing, introducing, or contracting with dealers or prospective dealers.

(8)  "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.

(9)  "Manufacturer" means any person engaged in the business of manufacturing or assembling new and unused outdoor power equipment.

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

(11)  "Outdoor power equipment" means two-cycle and four-cycle gas, diesel, and electric engines and any other type of equipment used to maintain commercial, public, and residential lawns and gardens or used in landscape, turf, golf course, green nursery, or forestry or tree maintenance.

(12)  "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.

(13)  "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 outdoor power equipment or interest therein, or of any dealer agreement 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.

History.--s. 1, ch. 97-275; s. 49, ch. 99-7.