1 | A bill to be entitled |
2 | An act relating to recreational vehicle dealers; |
3 | amending s. 320.771, F.S.; authorizing such dealers to |
4 | obtain certificates of title for recreational |
5 | vehicles; providing limitations and requirements; |
6 | providing an effective date. |
7 |
|
8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
|
10 | Section 1. Paragraph (a) of subsection (1) of section |
11 | 320.771, 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 |
15 | buying, selling, or dealing in recreational vehicles or offering |
16 | or displaying recreational vehicles for sale. The term "dealer" |
17 | includes a recreational vehicle broker. Any person who buys, |
18 | sells, deals in, or offers or displays for sale, or who acts as |
19 | the agent for the sale of, one or more recreational vehicles in |
20 | any 12-month period shall be prima facie presumed to be a |
21 | dealer. The terms "selling" and "sale" include lease-purchase |
22 | transactions. The term "dealer" does not include banks, credit |
23 | unions, and finance companies that acquire recreational vehicles |
24 | as an incident to their regular business and does not include |
25 | mobile home rental and leasing companies that sell recreational |
26 | vehicles to dealers licensed under this section. |
27 | 2. A licensed dealer may transact business in recreational |
28 | vehicles with a motor vehicle auction as defined in s. |
29 | 320.27(1)(c)4. Further, a licensed dealer may, at retail or |
30 | wholesale, sell a motor vehicle, as described in s. |
31 | 320.01(1)(a), acquired in exchange for the sale of a |
32 | recreational vehicle, if such acquisition is incidental to the |
33 | principal business of being a recreational vehicle dealer. |
34 | However, a recreational vehicle dealer may not buy a motor |
35 | vehicle for the purpose of resale unless licensed as a motor |
36 | vehicle dealer pursuant to s. 320.27. A dealer may apply for a |
37 | certificate of title to a recreational vehicle required to be |
38 | registered under s. 320.08(9), using a manufacturer's statement |
39 | of origin as permitted by s. 319.23(1), only if such dealer is |
40 | authorized by a manufacturer/dealer agreement, as defined in s. |
41 | 320.3202, on file with the department, to buy, sell, or deal in |
42 | that particular line-make of recreational vehicle, and the |
43 | dealer is authorized by such agreement to perform delivery and |
44 | preparation obligations and warranty defect adjustments on that |
45 | line-make. |
46 | Section 2. This act shall take effect July 1, 2012. |