| 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 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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. |