320.63 Application for license;
contents. ---Any person desiring to be licensed pursuant to
ss. 320.60-320.70 shall make application therefor to the department upon a
form containing such information as the department requires. The department
shall require, with such application or otherwise and from time to time, all
of the following, which information may be considered by the department in
determining the fitness of the applicant or licensee to engage in the business
for which the applicant or licensee desires to be licensed:
(1) Information relating to the applicant's or licensee's
solvency and financial standing.
(2) A certified copy of the applicant's or licensee's new motor
vehicle warranty or warranties in any way connected with a motor vehicle or
any component thereof, accompanied by a detailed explanation
thereof.
(3) From each manufacturer, distributor, or importer which
utilizes an identical blanket basic agreement for its dealers or distributors
in this state, which agreement comprises all or any part of the applicant's or
licensee's agreements with motor vehicle dealers in this state, a copy of the
written agreement and all supplements thereto, together with a list of the
applicant's or licensee's authorized dealers or distributors and their
addresses. The applicant or licensee shall further notify the department
immediately of the appointment of any additional dealer or distributor. The
applicant or licensee shall annually report to the department on its efforts
to add new minority dealer points, including difficulties encountered under
ss. 320.61-320.70. For purposes of this section "minority" shall have the
same meaning as that given it in the definition of "minority person" in s.
288.703(3). Not later than 60 days prior to the date a revision or
modification to a franchise agreement is offered uniformly to a licensee's
motor vehicle dealers in this state, the licensee shall notify the department
of such revision, modification, or addition to the franchise agreement on file
with the department. In no event may a franchise agreement, or any addendum
or supplement thereto, be offered to a motor vehicle dealer in this state
until the applicant or licensee files an affidavit with the department
acknowledging that the terms or provisions of the agreement, or any related
document, are not inconsistent with, prohibited by, or contrary to the
provisions contained in ss. 320.60-320.70. Any franchise agreement offered to
a motor vehicle dealer in this state shall provide that all terms and
conditions in such agreement inconsistent with the law and rules of this state
are of no force and effect.
(4) A certified copy of the delivery and preparation obligations
of its motor vehicle dealers.
(5) An affidavit stating the rates which the applicant or
licensee pays or agrees to pay any authorized motor vehicle dealer licensed in
this state for the parts and labor advanced or incurred by such authorized
motor vehicle dealer for or on account of any delivery and preparation
obligations imposed by the applicant or the licensee on its dealers or
relating to warranty obligations which the applicant or licensee or its
principle is obligated to perform.
(6) The fee for the annual license.
(7) Any other pertinent matter commensurate with the safeguarding
of the public interest which the department, by rule,
prescribes.
History: s. 4, ch. 20236, 1941; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 8,
ch. 70-424; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 16, 17,
ch. 80-217; ss. 2, 3, ch. 81-318; s. 3, ch. 84-69; ss. 7, 20, 21, ch. 88-395;
s. 4, ch. 91-429; s. 370, ch. 95-148.