(1) “Affiliated finance company” means a finance company which:
(a) Is affiliated with or controlled by a manufacturer or wholesale distributor through common ownership, officers, directors, or management; or
(b) Has a contractual agreement with a manufacturer or wholesale distributor to finance, via sale or lease, motor vehicles produced or distributed by such manufacturer or wholesale distributor.
(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.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 545 - Combinations Restricting Financing of Motor Vehicles
545.03 - Threats by Manufacturer or Wholesaler as Prima Facie Evidence of Intent to Violate Law.
545.04 - Threats by Finance Company Presumed to Be Made by Manufacturer or Wholesaler.
545.045 - Purchase or Assignment of Third-Party Financing.
545.05 - Paying or Giving Anything to Finance Company to Lessen Competition Prohibited.
545.07 - Acceptance of Benefits by Finance Company for Purpose of Lessening Competition Prohibited.
545.08 - Department of Legal Affairs or State Attorney to Institute Suit Upon Violation of Law.
545.10 - Contract in Violation of Law Declared Void.