Florida Senate - 2012                                     SB 388
       
       
       
       By Senator Latvala
       
       
       
       
       16-00242-12                                            2012388__
    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.