HB 393

1
A bill to be entitled
2An act relating to recreational vehicle dealers;
3amending s. 320.771, F.S.; authorizing such dealers to
4obtain certificates of title for recreational
5vehicles; providing limitations and requirements;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (a) of subsection (1) of section
11320.771, Florida Statutes, is amended to read:
12     320.771  License required of recreational vehicle dealers.-
13     (1)  DEFINITIONS.-As used in this section:
14     (a)1.  "Dealer" means any person engaged in the business of
15buying, selling, or dealing in recreational vehicles or offering
16or displaying recreational vehicles for sale. The term "dealer"
17includes a recreational vehicle broker. Any person who buys,
18sells, deals in, or offers or displays for sale, or who acts as
19the agent for the sale of, one or more recreational vehicles in
20any 12-month period shall be prima facie presumed to be a
21dealer. The terms "selling" and "sale" include lease-purchase
22transactions. The term "dealer" does not include banks, credit
23unions, and finance companies that acquire recreational vehicles
24as an incident to their regular business and does not include
25mobile home rental and leasing companies that sell recreational
26vehicles to dealers licensed under this section.
27     2.  A licensed dealer may transact business in recreational
28vehicles with a motor vehicle auction as defined in s.
29320.27(1)(c)4. Further, a licensed dealer may, at retail or
30wholesale, sell a motor vehicle, as described in s.
31320.01(1)(a), acquired in exchange for the sale of a
32recreational vehicle, if such acquisition is incidental to the
33principal business of being a recreational vehicle dealer.
34However, a recreational vehicle dealer may not buy a motor
35vehicle for the purpose of resale unless licensed as a motor
36vehicle dealer pursuant to s. 320.27. A dealer may apply for a
37certificate of title to a recreational vehicle required to be
38registered under s. 320.08(9), using a manufacturer's statement
39of origin as permitted by s. 319.23(1), only if such dealer is
40authorized by a manufacturer/dealer agreement, as defined in s.
41320.3202, on file with the department, to buy, sell, or deal in
42that particular line-make of recreational vehicle, and the
43dealer is authorized by such agreement to perform delivery and
44preparation obligations and warranty defect adjustments on that
45line-make.
46     Section 2.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.