Florida Statutes
Fla. Stat. § 320.28 (2025)
Nonresident dealers in secondhand motor vehicles, recreational vehicles, or mobile homes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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320.28 Nonresident dealers in secondhand motor vehicles, recreational vehicles, or mobile homes.—Every dealer in used or secondhand motor vehicles, recreational vehicles, or mobile homes who is a nonresident of the state, does not have a permanent place of business in this state, and has not qualified as a dealer under the provisions of ss. 320.27, 320.77, and 320.771, and any person other than a dealer qualified under the provisions of said ss. 320.27, 320.77, and 320.771, who brings any used or secondhand motor vehicle, recreational vehicle, or mobile home into the state for the purpose of sale, except to a dealer licensed under the provisions of ss. 320.27, 320.77, and 320.771, shall, at least 10 days prior to the sale of said vehicle, the offering of said vehicle for sale, or the advertising of said vehicle for sale, make and file with the department the official application for a certificate of title for said vehicle as provided by law. Any person who has had one or more transactions involving the sale of three or more used or secondhand motor vehicles, recreational vehicles, or mobile homes in Florida during any 12-month period shall be deemed to be a secondhand dealer in motor vehicles, recreational vehicles, or mobile homes.
History.—ss. 1, 6, ch. 17113, 1935; s. 1, ch. 18032, 1937; CGL 1940 Supp. 1317(1), (6); s. 1, ch. 24192, 1947; s. 1, ch. 25140, 1949; s. 1, ch. 57-388; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 3, ch. 76-168; s. 24, ch. 77-357; s. 1, ch. 77-457; ss. 15, 17, ch. 80-217; ss. 2, 3, ch. 81-318; ss. 20, 21, ch. 88-395; s. 4, ch. 91-429; s. 25, ch. 95-333.
Arrestable Offenses under F.S. 320.28
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§320.28PUBLIC ORDER CRIMESNON RESIDENT SECONDHAND DEALER WITH NO LICENSE
Notes of Decisions
Cited in 1
case, 1940–1940 · leading case: Patterson v. Finley, 52 F. Supp. 351 (N.D. Fla. 1940).
Patterson v. Finley, 52 F. Supp. 351 (N.D. Fla. 1940). “Finley, as Motor Vehicle Commissioner of- the State of Florida, from enforcing the provisions of Chapter 18032, Acts of Florida 1937, F.S.A. §§ 320.28 to 320.31, which require the execution of a surety bond conditioned to pay all loss, damages and expenses that may be sustained…”
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