CHAPTER 545

545.01

Definitions.

(1) “Affiliated finance company” means a finance company which:

(2) “Automotive-related product” means a motor vehicle service agreement, as defined in s. 634.011, or a guaranteed asset protection product, as defined in s. 520.02, or other nontangible ancillary product that is purchased or otherwise provided as part of the sale or lease of a motor vehicle by a dealer.

(3) “Dealer” means a franchised motor vehicle dealer, as defined in s. 320.27(1)(c)1.

(4) “Finance company” means a person engaged in the business of financing the sale or lease of motor vehicles, or engaged in the business of purchasing or acquiring vehicle contracts in this state.

(5) “Manufacturer” means a person engaged, directly or indirectly, in the manufacture of motor vehicles.

(6) “Person” means an individual, firm, corporation, partnership, limited liability company, association, trustee, receiver, or assignee for the benefit of creditors.

(7) “Sell,” “sold,” “buy,” or “purchase” includes an exchange, barter, gift, or offer to contract to sell or buy.

(8) “Third-party provider” means a provider of an automotive-related product that is not an affiliated finance company, manufacturer, or wholesale distributor.

(9) “Vehicle contract” means a conditional sales contract, retail installment sales contract, chattel mortgage, lease agreement, promissory note, or any other financial obligation arising from the retail sale or lease of a motor vehicle.

(10) “Wholesale distributor” means a person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers.

History. — s. 13, ch. 18031, 1937; CGL 1940 Supp. 4151(459); s. 1, ch. 2014-130.

545.02 Contracts designating finance company through which sale of motor vehicle to be financed declared void.

History. — s. 1, ch. 18031, 1937; CGL 1940 Supp. 4151(460).

545.03 Threats by manufacturer or wholesaler as prima facie evidence of intent to violate law.

History. — s. 2, ch. 18031, 1937; CGL 1940 Supp. 4151(461); s. 759, ch. 97-103.

545.04 Threats by finance company presumed to be made by manufacturer or wholesaler.

History. — s. 3, ch. 18031, 1937; CGL 1940 Supp. 4151(462); s. 760, ch. 97-103.

545.045 Purchase or assignment of third-party financing.

(1) When a vehicle contract contains a third-party provider’s automotive-related product that is of similar nature, scope, and quality to an automotive-related product offered for sale by an affiliated finance company or its related manufacturer or wholesale distributor, that affiliated finance company may not, solely because the vehicle contract contains a third party’s automotive-related product:

(2) Factors in determining whether an automotive-related product is similar in nature, scope, and quality include, but are not limited to, the financial capacity of the third-party provider to meet all of its obligations, inclusive of any contractual liability insurance policies, and the third-party provider’s history of compliance with any applicable state and federal regulations.

(3) A violation of this

section does not constitute a criminal offense pursuant to s. 545.12.

History. — s. 2, ch. 2014-130.

545.05 Paying or giving anything to finance company to lessen competition prohibited.

History. — s. 4, ch. 18031, 1937; CGL 1940 Supp. 4151(463).

545.06 Acceptance of anything of value by finance company resulting in lessening competition prohibited.

History. — s. 5, ch. 18031, 1937; CGL 1940 Supp. 4151(464).

545.07 Acceptance of benefits by finance company for purpose of lessening competition prohibited.

History. — s. 6, ch. 18031, 1937; CGL 1940 Supp. 4151(465).

545.08 Department of Legal Affairs or state attorney to institute suit upon violation of law.

History. — s. 7, ch. 18031, 1937; CGL 1940 Supp. 4151(466); ss. 11, 35, ch. 69-106.

545.09 Department of Legal Affairs to enjoin violations by foreign corporations; revocation of license by Department of State.

History. — s. 8, ch. 18031, 1937; CGL 1940 Supp. 4151(467); ss. 10, 11, 35, ch. 69-106.

545.10 Contract in violation of law declared void.

History. — s. 10, ch. 18031, 1937; CGL 1940 Supp. 4151(468).

545.11 Remedy for persons injured by violation of law.

History. — s. 12, ch. 18031, 1937; CGL 1940 Supp. 4151(469); s. 761, ch. 97-103.

545.12 Penalty for violations of chapter.

History. — s. 9, ch. 18031, 1937; CGL 1940 Supp. 8135(39); s. 535, ch. 71-136.