2011 Florida Statutes
Definitions of terms used in ss. 686.40-686.418.
Definitions of terms used in ss. 686.40-686.418.
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 person making casual or isolated sales of her or his own equipment.
(c) A person engaged in the auction sale of equipment.
(d) A dealer in used equipment.
(e) A mass-market retailer.
(2) “Dealership” means the business of selling or attempting to effect the sale by a dealer of new equipment or the right conferred by written or oral agreement with the manufacturer, distributor, or wholesaler, for a definite or indefinite period of time, to sell or attempt to effect the sale of new equipment.
(3) “Distributor” or “wholesaler” means any person, firm, association, corporation, or company that sells or distributes new 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 equipment to dealers.
(5) “Distributor representative” means a representative employed by a distributor, distributor branch, or wholesaler.
(6) “Equipment” means those tractors or farm implements which are primarily designed for or used in agriculture. Equipment designed for or used in off-road construction, mining, utility, and industrial purposes is not included in this definition.
(7) “Factory branch” means a branch office maintained by a manufacturer which manufactures and assembles equipment for sale to distributors or dealers or which is maintained for directing and supervising the representatives of the manufacturer.
(8) “Factory representative” means a representative employed by a manufacturer or factory branch for the purpose of making or promoting the sale of equipment or for supervising, servicing, introducing, or contracting with dealers or prospective dealers.
(9) “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 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 equipment or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise.
(10) “Franchisee” means a dealer to whom a franchise is offered or granted.
(11) “Franchisor” means a manufacturer, distributor, or wholesaler who grants a franchise to a dealer.
(12) “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.
(13) “Manufacturer” means any person engaged in the business of manufacturing or assembling new and unused equipment.
(14) “New equipment” means equipment which has not been previously sold to and put into regular use or service by any person, except a distributor, wholesaler, or dealer for resale.
(15) “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.
(16) “Relevant market area” means the geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise.
(17) “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 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.
(18) “Termination” means the termination, cancellation, nonrenewal, or noncontinuation of a contract or agreement.
(19) “Tractor” means a vehicle that is operated principally upon a farm, grove, or orchard in connection with agriculture.
History.—s. 3, ch. 84-217; s. 735, ch. 97-102; s. 3, ch. 2004-257.