Legal Opinion
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Florida Attorney General Reports
Decided January 13, 1975Published
1Opinion of the Court
QUESTIONS: 1. Is s. 320.27, F.S., unconstitutional as applied to an automobile brokerage service? 2. Is an automobile brokerage service a "motor vehicle dealer" as defined in s. 320.27, F.S.?
SUMMARY: Statutes are presumptively valid and no opinion can be expressed on the constitutionality of a duly enacted statute absent a case or controversy arising in an adversary proceeding. An automobile brokerage service is a motor vehicle dealer as defined in s. 320.27, F.S., for which a license is required in order to operate. AS TO QUESTION 1: Regarding your inquiry on the constitutionality of s.…
2Cases cited5 opinions
- Florida State Racing Commission v. McLaughlinSupreme Court of Florida · 1958
- Evans, Et Ux. v. Hillsborough CountySupreme Court of Florida · 1938
- Moore v. ThompsonSupreme Court of Florida · 1960
- Conn v. E. Chadwick & Co.Supreme Court of Florida · 1880
- State v. British Leyland Motors, Inc.District Court of Appeal of Florida · 1974