(1) There is hereby established a Mobile Home and Recreational Vehicle Protection Trust Fund. The trust fund shall be administered and managed by the Department of Highway Safety and Motor Vehicles. The expenses incurred by the department in administering this section shall be paid only from appropriations made from the trust fund.
(2) Beginning October 1, 1990, the department shall charge and collect an additional fee of $1 for each new mobile home and new recreational vehicle title transaction for which it charges a fee. This additional fee shall be deposited into the trust fund. The Department of Highway Safety and Motor Vehicles shall charge a fee of $40 per annual dealer and manufacturer license and license renewal, which shall be deposited into the trust fund. The sums deposited in the trust fund shall be used exclusively for carrying out the purposes of this section. These sums may be invested and reinvested by the Chief Financial Officer under the same limitations as apply to investment of other state funds, with all interest from these investments deposited to the credit of the trust fund.
(3) The trust fund shall be used to satisfy any judgment or claim by any person, as provided by this section, against a mobile home or recreational vehicle dealer or broker for damages, restitution, or expenses, including reasonable attorney’s fees, resulting from a cause of action directly related to the conditions of any written contract made by him or her in connection with the sale, exchange, or improvement of any mobile home or recreational vehicle, or for any violation of chapter 319 or this chapter.
(4) The trust fund shall not be liable for any judgment, or part thereof, resulting from any tort claim except as expressly provided in subsection (3), nor for any punitive, exemplary, double, or treble damages. A person, the state, or any political subdivision thereof may recover against the mobile home or recreational vehicle dealer, broker, or surety, jointly and severally, for such damages, restitution, or expenses; provided, however, that in no event shall the trust fund or the surety be liable for an amount in excess of actual damages, restitution, or expenses.
(5) Subject to the limitations and requirements of this section, the trust fund shall be used by the department to compensate persons who have unsatisfied judgments, or in certain limited circumstances unsatisfied claims, against a mobile home or recreational vehicle dealer or broker. The following conditions must exist for a person to be eligible to file a claim against the trust fund:
(a) The claimant has obtained a final judgment that is unsatisfied against the mobile home or recreational vehicle dealer or broker or its surety jointly and severally, or against the mobile home dealer or broker only, if the court found that the surety was not liable due to prior payment of valid claims against the bond in an amount equal to, or greater than, the face amount of the applicable bond; or the claimant is prohibited from filing a claim in a lawsuit because a bankruptcy proceeding is pending by the dealer or broker, and the claimant has filed a claim in that bankruptcy proceeding; or the dealer or broker has closed his or her business and cannot be found or located within the jurisdiction of the state; and
(b) A claim has been made in a lawsuit against the surety and a judgment obtained is unsatisfied; a claim has been made in a lawsuit against the surety which has been stayed or discharged in a bankruptcy proceeding; or a claimant is prohibited from filing a claim in a lawsuit because a bankruptcy proceeding is pending by surety or the surety is not liable due to the prior payment of valid claims against the bond in an amount equal to, or greater than, the face amount of the applicable bond. However, a claimant may not recover against the trust fund if the claimant has recovered from the surety an amount that is equal to or greater than the total loss.
(6) In order to recover from the trust fund, the person must file an application and verified claim with the department.
(a) If the claimant has obtained a judgment that is unsatisfied against the mobile home or recreational vehicle dealer or broker or its surety as set forth in this section, the verified claim must specify the following:
1.a. That the judgment against the mobile home or recreational vehicle dealer or broker and its surety has been entered; or
b. That the judgment against the mobile home or recreational vehicle dealer or broker contains a specific finding that the surety has no liability, that execution has been returned unsatisfied, and that a judgment lien has been perfected;
2. The amount of actual damages broken down by category as awarded by the court or jury in the cause which resulted in the unsatisfied judgment, and the amount of attorney’s fees set forth in the unsatisfied judgment;
3. The amount of payment or other consideration received, if any, from the mobile home or recreational vehicle dealer or broker or its surety;
4. The amount that may be realized, if any, from the sale of real or personal property or other assets of the judgment debtor liable to be sold or applied in satisfaction of the judgment and the balance remaining due on the judgment after application of the amount which has been realized and a certification that the claimant has made a good faith effort to collect the judgment;
5. An assignment by the claimant of rights, title, or interest in the unsatisfied judgment lien to the department; and
6. Such other information as the department requires.
(b) If the claimant has alleged a claim as set forth in paragraph (5)(a) and for the reasons set forth therein has not been able to secure a judgment, the verified claim must contain the following:
1. A true copy of the pleadings in the lawsuit that was stayed or discharged by the bankruptcy court and the order of the bankruptcy court staying those proceedings or a true copy of the claim that was filed in the bankruptcy court proceedings;
2. Allegations of the acts or omissions by the mobile home or recreational vehicle dealer or broker setting forth the specific acts or omissions complained of which resulted in actual damage to the person, along with the actual dollar amount necessary to reimburse or compensate the person for costs or expenses resulting from the acts or omissions of which the person complained;
3. True copies of all purchase agreements, notices, service or repair orders or papers or documents of any kind whatsoever which the person received in connection with the purchase, exchange, or lease-purchase of the mobile home or recreational vehicle from which the person’s cause of action arises;
4. An assignment by the claimant of rights, title, or interest in the claim to the department; and
5. Such other information as the department requires.
(c) The department may require such proof as it deems necessary to document the matters set forth in the claim.
(7) Within 90 days after receipt of the application and verified claim, the department shall issue its determination on the claim. Such determination shall not be subject to the provisions of chapter 120, but shall be reviewable only by writ of certiorari in the circuit court in the county in which the claimant resides in the manner and within the time provided by the Florida Rules of Appellate Procedure. The claim must be paid within 45 days after the determination, or, if judicial review is sought, within 45 days after the review becomes final. A person may not be paid an amount from the fund in excess of $25,000 per mobile home or recreational vehicle, which includes any damages, restitution, payments received as the result of a claim against the surety bond, or expenses, including reasonable attorney’s fees. Prior to payment, the person must execute an assignment to the department of all the person’s rights and title to, and interest in, the unsatisfied judgment and judgment lien or the claim against the dealer or broker and its surety.
(8) The department, in its discretion and where feasible, may try to recover from the mobile home or recreational vehicle dealer or broker, or the judgment debtor or its surety, all sums paid to persons from the trust fund. Any sums recovered shall be deposited to the credit of the trust fund. The department shall be awarded a reasonable attorney’s fee for all actions taken to recover any sums paid to persons from the trust fund pursuant to this section.
(9) This section does not apply to any claim, and a person may not recover against the trust fund as the result of any claim, against a mobile home or recreational vehicle dealer or broker resulting from a cause of action directly related to the sale, lease-purchase, exchange, brokerage, or installation of a mobile home or recreational vehicle prior to July 1, 2006.
(10) Neither the department, nor the trust fund shall be liable to any person for recovery if the trust fund does not have the moneys necessary to pay amounts claimed. If the trust fund does not have sufficient assets to pay the claimant, it shall log the time and date of its determination for payment to a claimant. If moneys become available, the department shall pay the claimant whose unpaid claim is the earliest by time and date of determination.
(11) It is unlawful for any person or his or her agent to file any notice, statement, or other document required under this section which is false or contains any material misstatement of fact. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 90-221; s. 376, ch. 95-148; s. 362, ch. 2003-261; s. 38, ch. 2006-290.
Structure Florida Statutes
Chapter 320 - Motor Vehicle Licenses
320.01 - Definitions, General.
320.0104 - Legislative Intent With Respect to Implementation of Chapter.
320.011 - Administration and Enforcement; Rules.
320.015 - Taxation of Mobile Homes.
320.02 - Registration Required; Application for Registration; Forms.
320.023 - Requests to Establish Voluntary Checkoff on Motor Vehicle Registration Application.
320.03 - Registration; Duties of Tax Collectors; International Registration Plan.
320.031 - Mailing of Registration Certificates, License Plates, and Validation Stickers.
320.04 - Registration Service Charge.
320.05 - Records of the Department; Inspection Procedure; Lists and Searches; Fees.
320.055 - Registration Periods; Renewal Periods.
320.06 - Registration Certificates, License Plates, and Validation Stickers Generally.
320.0601 - Lease and Rental Car Companies; Identification of Vehicles as For-Hire.
320.0605 - Certificate of Registration; Possession Required; Exception.
320.0607 - Replacement License Plates, Validation Decal, or Mobile Home Sticker.
320.0609 - Transfer and Exchange of Registration License Plates; Transfer Fee.
320.0655 - Permanent License Plates for Governmental Entities and Volunteer Fire Departments.
320.0657 - Permanent Registration; Fleet License Plates.
320.0659 - Permanent Registration of Trailer for Hire and Semitrailers.
320.07 - Expiration of Registration; Renewal Required; Penalties.
320.0705 - Semiannual Registration or Renewal for Certain Vehicles.
320.0706 - Display of License Plates on Trucks.
320.071 - Advance Registration Renewal; Procedures.
320.0715 - International Registration Plan; Motor Carrier Services; Permits; Retention of Records.
320.072 - Additional Fee Imposed on Certain Motor Vehicle Registration Transactions.
320.08001 - Electric Vehicles; License Tax.
320.0801 - Additional License Tax on Certain Vehicles.
320.08015 - License Tax Surcharge.
320.0802 - Surcharge on License Tax.
320.0803 - Moped License Plates.
320.08035 - Persons Who Have Disabilities; Reduced Dimension License Plate.
320.0804 - Surcharge on License Tax.
320.08046 - Juvenile Programs Surcharge on License Tax.
320.08047 - Voluntary Contribution for Organ and Tissue Donor Education.
320.08048 - Sample License Plates.
320.0805 - Personalized Prestige License Plates.
320.08053 - Establishment of Specialty License Plates.
320.08056 - Specialty License Plates.
320.08058 - Specialty License Plates.
320.08062 - Audits and Attestations Required; Annual Use Fees of Specialty License Plates.
320.08068 - Motorcycle Specialty License Plates.
320.0807 - Special License Plates for Governor and Federal and State Legislators.
320.081 - Collection and Distribution of Annual License Tax Imposed on the Following Type Units.
320.0821 - Wrecker License Plates.
320.083 - Amateur Radio Operators; Special License Plates; Fees.
320.084 - Free Motor Vehicle License Plate to Certain Disabled Veterans.
320.0841 - Free Motor Vehicle License Plates to Members of Seminole and Miccosukee Indian Tribes.
320.0842 - Free Motor Vehicle License Plates to Veterans Who Use Wheelchairs.
320.0845 - License Plates for Members of Paralyzed Veterans of America.
320.0846 - Free Motor Vehicle License Plates to Active Members of the Florida National Guard.
320.0847 - Mini Truck and Low-Speed Vehicle License Plates.
320.0863 - Custom Vehicles and Street Rods; Registration and License Plates.
320.087 - Intercity Buses Operated in Interstate Commerce; Tax.
320.0875 - Purple Heart Special Motorcycle License Plate.
320.0891 - u.s. Paratroopers License Plate.
320.0893 - Motor Vehicle License Plates to Recipients of the Medal of Honor.
320.0894 - Motor Vehicle License Plates to Gold Star Family Members.
320.0898 - Emergency Service Special Registration Plates; Fee; Penalty.
320.091 - Vehicles Held in Trust; License Plates.
320.102 - Marine Boat Trailers Owned by Nonprofit Organizations; Exemptions.
320.105 - Golf Carts and Utility Vehicles; Exemption.
320.13 - Dealer and Manufacturer License Plates and Alternative Method of Registration.
320.1316 - Failure to Surrender Vehicle or Vessel.
320.1325 - Registration Required for the Temporarily Employed.
320.133 - Transporter License Plates.
320.14 - Fractional License Tax.
320.15 - Refund of License Tax.
320.17 - Classification of Vehicles and Mobile Homes and Assessment of License Tax by Department.
320.18 - Withholding Registration.
320.19 - Tax Lien; Enforcement.
320.20 - Disposition of License Tax Moneys.
320.203 - Disposition of Biennial License Tax Moneys.
320.23 - Taxes Declared Compensatory.
320.261 - Attaching Registration License Plate Not Assigned Unlawful; Penalty.
320.27 - Motor Vehicle Dealers.
320.271 - Used Cars; Removal of Registration License Plates.
320.273 - Reinstatement of License of Motor Vehicle Dealers.
320.275 - Automobile Dealers Industry Advisory Board.
320.28 - Nonresident Dealers in Secondhand Motor Vehicles, Recreational Vehicles, or Mobile Homes.
320.30 - Penalty for Violating S. 320.28.
320.31 - Definitions Covering Ss. 320.28 and 320.30.
320.3201 - Legislative Intent.
320.3203 - Requirement for a Written Manufacturer/dealer Agreement; Area of Sales Responsibility.
320.3205 - Termination, Cancellation, and Nonrenewal of a Manufacturer/dealer Agreement.
320.3206 - Transfer of Ownership; Family Succession.
320.3207 - Warranty Obligations.
320.3208 - Inspection and Rejection by the Dealer.
320.3209 - Coercion of Dealer Prohibited.
320.3210 - Civil Dispute Resolution; Mediation; Relief.
320.37 - Registration Not to Apply to Nonresidents.
320.371 - Registration Not to Apply to Certain Manufacturers and Others.
320.38 - When Nonresident Exemption Not Allowed.
320.39 - Reciprocal Agreements for Nonresident Exemption.
320.405 - International Registration Plan; Inspection of Records; Hearings.
320.406 - Estimate of Amount of Tax Due and Unpaid.
320.407 - Suits for Collection of Unpaid Taxes, Penalties, and Interest.
320.408 - Departmental Warrant for Collection of Unpaid Taxes and Penalties Due From Motor Carriers.
320.409 - Tax Lien on Property.
320.411 - Officer’s Sale of Property or Franchise.
320.412 - Department to Furnish Certificate of Liens.
320.413 - Discontinuance or Transfer of Business; Change of Address.
320.414 - Restraining and Enjoining Violation.
320.415 - Authority to Inspect Vehicles and Seize Property.
320.416 - Cooperation of Other State Agencies in Administration of Law.
320.417 - Foreclosure of Liens.
320.51 - Farm Tractors and Farm Trailers Exempt.
320.525 - Port Vehicles and Equipment; Definition; Exemption.
320.535 - Airport Vehicles and Equipment; Definition; Exemption.
320.57 - Penalties for Violations of This Chapter.
320.58 - License Inspectors; Powers, Appointment.
320.60 - Definitions for Ss. 320.61-320.70.
320.61 - Licenses Required of Motor Vehicle Manufacturers, Distributors, Importers, Etc.
320.615 - Agent for Service of Process.
320.62 - Licenses; Amount; Disposition of Proceeds.
320.63 - Application for License; Contents.
320.64 - Denial, Suspension, or Revocation of License; Grounds.
320.6403 - Distributor Agreements; Obligations of Manufacturer and Importer.
320.6405 - Franchise Agreements; Obligations of Manufacturer and Its Agent.
320.6407 - Recall Notices Under Franchise Agreements; Compensation.
320.6412 - Franchise Termination Based on Fraud; Standard of Proof.
320.6415 - Changes in Plan or System of Distribution.
320.642 - Dealer Licenses in Areas Previously Served; Procedure.
320.643 - Transfer, Assignment, or Sale of Franchise Agreements.
320.644 - Change of Executive Management Control; Objection by Licensee; Procedure.
320.645 - Restriction Upon Ownership of Dealership by Licensee.
320.646 - Consumer Data Protection.
320.664 - Reinstatement of License.
320.67 - Inspection of Books or Other Documents of Licensee.
320.68 - Revocation of License Held by Firms or Corporations.
320.696 - Warranty Responsibility.
320.6975 - Procedures and Remedies Applicable to Distributor Agreements.
320.698 - Civil Fines; Procedure.
320.699 - Administrative Hearings and Adjudications; Procedure.
320.70 - Penalties for Violation.
320.701 - Applicability of Ch. 84-69.
320.71 - Nonresident Motor Vehicle, Mobile Home, or Recreational Vehicle Dealer’s License.
320.77 - License Required of Mobile Home Dealers.
320.771 - License Required of Recreational Vehicle Dealers.
320.781 - Mobile Home and Recreational Vehicle Protection Trust Fund.
320.822 - Definitions; Ss. 320.822-320.862.
320.8225 - Mobile Home and Recreational Vehicle Manufacturer, Distributor, and Importer License.
320.823 - Establishment of Uniform Mobile Home Standards.
320.8231 - Establishment of Uniform Standards for Recreational Vehicle-Type Units and Park Trailers.
320.824 - Changes and Modifications of Standards.
320.8245 - Limitation of Alteration or Modification to Mobile Homes or Recreational Vehicles.
320.8249 - Mobile Home Installers License.
320.8251 - Mobile Home Installation Products; Product Approval.
320.8255 - Mobile Home Inspection.
320.827 - Label; Procedures for Issuance; Certification; Requirements.
320.833 - Retention, Destruction, and Reproduction of Records; Electronic Retention.
320.8335 - Disclosure of Manner Used in Determining Length of Mobile Homes.
320.835 - Mobile Home and Recreational Vehicle Warranties.
320.836 - Presenting Warranty Claim.
320.839 - Cumulative Remedies.
320.861 - Investigations; Subpoenas and Other Process; Oaths; Rules.
320.862 - Revocation of License Held by Firms or Corporations.
320.865 - Maintenance of Records by the Department.