Fla. Admin. Code Ann. R. 15C-7.002 - Motor Vehicle, Mobile Home and Recreational Vehicle Dealers' Records; Maintenance Requirements; Accessibility; Retention; Penalties

(1) Purpose and Scope. This rule prescribes and defines the elements of motor vehicle, mobile home, and recreational vehicle dealer records and the standards for maintenance, accessibility and retention of required records.

(2) Definitions. The words or terms as used in this rule, shall have the following meanings:

(a) "Dealer" includes any person, any franchised, independent or wholesale motor vehicle dealer as defined in Section 320.27(1), F.S., or any mobile home dealer or recreational vehicle dealer as defined in Section 320.77(1), F.S.

(b) "Records" means the compilation of all written documents containing prescribed data relating to the acquisition and disposition of vehicles, the status of certificates of title, and the purchase and sale of temporary tags. Data may be maintained by means of electronic storage but the source documents shall constitute the records for purposes of this rule.

(c) "Acquire or acquisition" means the purchase, exchange, gift or reassignment of a vehicle by which ownership passes to a dealer.

(d) "Dispose or disposition" means the sale, exchange, gift or reassignment of a vehicle by which a dealer relinquishes ownership.

(e) "Vehicle" means a motor vehicle, mobile home, or recreational vehicle, as the context of the applicable rule requires.

(3) Each dealer shall establish and maintain a written record of each vehicle acquired by and disposed of by him.

(4) Each dealer shall establish and maintain a written copy of each odometer disclosure statement received when a vehicle is acquired and each odometer disclosure statement issued by him upon disposing of each vehicle, as required by Title IV of the Motor Vehicle Information and Cost Savings Act of 1972 (Pub. L. 92-513, as amended by Pub. L. 94-364 and Pub. L. 100-561) and by Part 580, Title 49, Code of Federal Regulations.

(5) Each dealer shall have either made application for a certificate of title or a duplicate certificate of title as required in Chapter 319, F.S., or shall have in his possession one of the following indicia of ownership or proof of right of possession for each vehicle from the time he acquires each vehicle until the time he disposes of each vehicle:

(a) a duly assigned certificate of title;

(b) In the case of a new vehicle, a Manufacturer's Statement of Origin is issued to or reassigned to the dealer;

(c) A consignment contract between the owner and the dealer along with a power of attorney from the owner to the dealer authorizing the dealer to apply for duplicate certificate of title and assign the title on behalf of the owner;

(d) A certificate of right of possession issued pursuant to Section 319.36, F.S.;

(e) A court order awarding title of the vehicle to the dealer;

(f) A salvage certificate of title;

(g) A photocopy of a duly assigned certificate of title being held by a financial institution as collateral for a business loan of money to the dealer ("floor plan"); or

(h) A cancelled check or other documentation evidencing that an outstanding lien on a vehicle taken in trade by a licensed dealer has been satisfied and that the certificate of title will be but has not yet been received by the dealer.

(6) Except as otherwise noted below, the record on each vehicle shall contain the following data elements:

(a) Vehicle identification number or motor number;

(b) Date acquired;

(c) Method of acquisition;

(d) Name and address of seller;

(e) Manufacturer;

(f) Year;

(g) Model;

(h) Odometer disclosure statement upon acquisition (not applicable to mobile homes);

(i) Previous jurisdiction of title;

(j) Title number;

(k) Indication if vehicle is rebuilt;

(l) Documentation on changed, altered, or defaced VIN or motor number;

(m) Temporary tag numbers;

(n) Temporary tag issue dates;

(o) Name and address of purchaser;

(p) Date of issue of recreational vehicle seals;

(q) Identification of vehicle that is issued a recreational vehicle seal;

(r) Recreational vehicle seal numbers;

(s) Date of disposition of vehicle;

(t) Method of disposition;

(u) Odometer disclosure statement upon disposition (not applicable to mobile homes);

(v) Date of application for title transfer.

(7) Records may be formatted in any fashion consistent with the requirements of this rule. The records of vehicle acquisition and disposition shall be ordered or arranged in such a manner as to permit access and location by two or more of the following: vehicle identification number (VIN), stock number as assigned by dealer, buyer's name, date of sale.

(8) Manual or electronic data relating to a specific vehicle shall be posted to the records of the dealer on a timely basis.

(9) Dealers shall maintain records of temporary tags purchased and issued. The record shall be arranged by a listing in numerical order of each tag purchased and sold. The record shall contain the tag number, the date purchased, the name of the party from whom purchased, the date sold, the name of the party to whom it was sold, the vehicle identification number of the vehicle for which it was issued, the issue date and the expiration date.

(10) Under Section 320.27(9) or 320.77(5) and (12), F.S., as applicable, the Department is authorized to deny, suspend or revoke a dealer license for failure of any dealer to maintain records in compliance with this rule, or failure of any dealer to provide to the Department reasonable access to records maintained by the dealer, or failure of any dealer to render to the Department any requested assistance in accessing, searching, locating or translating any record.

Notes

Fla. Admin. Code Ann. R. 15C-7.002

Rulemaking Authority 319.17, 320.11 FS. Law Implemented 319.21(1), 320.131, 320.27(9), 320.77(5), (12) FS.

New 9-24-90.

New 9-24-90.