Sims v. Florida, Department of Highway Safety & Motor Vehicles

HATCHETT, Circuit Judge:

We took this ease in banc to determine whether Florida Statute 320.02(9) violates the Supremacy Clause and the Commerce Clause of the United States Constitution. Finding the statute unconstitutional, we affirm in part and reverse in part.1

FACTS

On April 30, 1985, Myra Holladay Sims imported from Europe an automobile popularly known as a “gray market” automobile.2 Gray market automobiles are imported automobiles which do not comply with United States emissions and safety standards. The Florida Import and Compliance Association (FICA) is a trade association whose members…