This order addresses Petitioner's motion for a recommended order of dismissal. The motion argues that the Department of Highway Safety and Motor Vehicles (Department) is without jurisdiction to consider the verified complaint as the proposal submitted by the Respondents does not comply with Section 320.643, Florida Statutes.Recommend dismissal as proposed transferee mere device for dealer whose franchise terminated and since transferee cannot comply with franchise.
The issue presented is whether Respondent's proposed termination of its franchise agreement with Petitioner is unfair or prohibited within the meaning of Section 320.641, Florida Statutes.Automobile dealer's franchise terminated for failure to provide exclusive facility as required by term agreement with manufacturer.
