Florida Statute 520.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520
RETAIL INSTALLMENT SALES

View Entire Chapter

F.S. 520.02

520.02 Definitions.—In this act, unless the context or subject matter otherwise requires:

(1) “Branch” means any location, other than a licensee’s principal place of business, at which a licensee operates or conducts business under this act or which a licensee owns or controls for the purpose of conducting business under this act.

(2) “Cash price” means the price at which a seller, in the ordinary course of business, offers to sell for cash the property or service that is the subject of the transaction. At the seller’s option, the term “cash price” may include the price of accessories, services related to the sale, service contracts, and taxes and fees for license, title, and registration of the motor vehicle. The term “cash price” does not include any finance charge.

(3) “Commission” means the Financial Services Commission.

(4) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person is presumed to control a company if, with respect to a particular company, that person:

(a) Is a director, general partner, or officer exercising executive responsibility or having similar status or functions;

(b) Directly or indirectly may vote 10 percent or more of a class of a voting security or sell or direct the sale of 10 percent or more of a class of voting securities; or

(5) “Down payment” means the amount, including the value of any property used as a trade-in, paid to a seller to reduce the cash price of goods or services purchased in a credit sale transaction. A deferred portion of a down payment may be treated as part of the down payment if it is payable not later than the due date of the second otherwise regularly scheduled payment and is not subject to a finance charge.

(6) “Finance charge” means the cost of consumer credit as a dollar amount. The term “finance charge” includes any charge payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to or a condition of the extension of credit. The term “finance charge” does not include any charge of a type payable in a comparable cash transaction.

(7) “Guaranteed asset protection product” means a loan, lease, or retail installment contract term, or modification or addendum to a loan, lease, or retail installment contract, under which a creditor agrees, with or without a separate charge, to cancel or waive a customer’s liability for payment of some or all of the amount by which the debt exceeds the value of the collateral that has incurred total physical damage or is the subject of an unrecovered theft. A guaranteed asset protection product may also provide, with or without a separate charge, a benefit that waives a portion of, or provides a customer with a credit toward, the purchase of a replacement motor vehicle. Such a product is not insurance for purposes of the Florida Insurance Code. This subsection also applies to all guaranteed asset protection products issued before October 1, 2008.

(8) “Holder” of a retail installment contract means the retail seller of a motor vehicle retail installment contract or an assignee of such contract.

(9) “Mobile home” means a structure, transportable in one or more sections, which is 8 body feet or more in width and is 32 body feet or more in length, designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

(10) “Motor vehicle” means any device or vehicle, including automobiles, motorcycles, motor trucks, trailers, mobile homes, and all other vehicles operated over the public highways and streets of this state and propelled by power other than muscular power, but excluding traction engines, road rollers, implements of husbandry and other agricultural equipment, and vehicles which run only upon a track.

(11) “Motor vehicle retail installment seller” or “seller” means a person engaged in the business of selling motor vehicles to retail buyers in retail installment transactions.

(12) “Office” means the Office of Financial Regulation of the commission.

(13) “Official fees” means fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of, or for perfecting, releasing, or satisfying, any security related to the credit transaction, or the premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges which would otherwise be payable to public officials.

(14) “Person” means an individual, partnership, corporation, association, and any other group however organized.

(15) “Principal place of business” means the physical location designated on the licensee’s application for licensure, unless otherwise designated as required by this chapter.

(16) “Retail buyer” or “buyer” means a person who buys a motor vehicle from a seller not principally for the purpose of resale, and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and obligations of such person.

(17) “Retail installment contract” or “contract” means an agreement, entered into in this state, pursuant to which the title to, or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a seller from a retail buyer as security, in whole or in part, for the buyer’s obligation. The term includes a conditional sales contract and a contract for the bailment or leasing of a motor vehicle by which the bailee or lessee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee or lessee is bound to become, or for no further or a merely nominal consideration, has the option of becoming, the owner of the motor vehicle upon full compliance with the provisions of the contract.

(18) “Retail installment transaction” means any transaction evidenced by a retail installment contract entered into between a retail buyer and a seller wherein the retail buyer buys a motor vehicle from the seller at a deferred payment price payable in one or more deferred installments.

(19) “Sales finance company” means a person engaged in the business of purchasing retail installment contracts from one or more sellers. The term includes, but is not limited to, a bank or trust company, if so engaged. The term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon.

(20) Words in the singular include the plural and vice versa.

History.—s. 1, ch. 57-799; s. 1, ch. 59-456; s. 1, ch. 61-117; s. 1, ch. 63-101; ss. 12, 35, ch. 69-106; s. 1, ch. 69-370; s. 198, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 21, ch. 80-256; s. 1, ch. 81-102; s. 400, ch. 81-259; s. 2, ch. 81-318; s. 1, ch. 83-123; ss. 2, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 6, ch. 99-164; s. 619, ch. 2003-261; s. 40, ch. 2006-213; s. 1, ch. 2008-75; s. 1, ch. 2024-142.

F.S. 520.02 on Google Scholar

F.S. 520.02 on Casetext

Amendments to 520.02

Arrestable Offenses / Crimes under Fla. Stat. 520.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 520.02.

Annotations, Discussions, Cases:

Cases Citing Statute 520.02

Total Results: 20

Burgos v. Sequeira, Vargas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: of another state to exercise jurisdiction. § 61.520(2). And that entails allowing the parties to submit

ANTHONY T. LITSCH, III vs JULIE LITSCH N/K/A JULIE MILLS

Court: District Court of Appeal of Florida | Date Filed: 2023-10-13

Snippet: factors, including eight statutory factors. § 61.520(2), Fla. Stat. (2022). Neither section 61.515

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

Court: District Court of Appeal of Florida | Date Filed: 2020-08-26

Snippet: court to consider the factors listed in section 61.520(2)(a)–(h) before deciding to exercise jurisdiction

Courtney M. Fernandez and Ellis T. Fernandez v. Manning Building Supplies, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-09-25

Snippet: cost of consumer credit as a dollar amount.” § 520.02(6), Fla. Stat. (2018). The statute further provides

N.B. v. Dep't of Children of Families

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

Snippet: determination that it is an inconvenient forum. See § 61.520(2), Fla. Stat. (2018). Second, it is axiomatic that

N.B. v. Dep't of Children of Families

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

Snippet: determination that it is an inconvenient forum. See § 61.520(2), Fla. Stat. (2018). Second, it is axiomatic that

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: Florida Rules of Judicial Administration 2.520 2.505, 2.515, and 2.525. (c) [No Changes]

Nolden v. Summit Fin. Corp.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 244 So. 3d 322

Snippet: whole or in part, for the buyer's obligation. § 520.02(17), Fla. Stat. (2009). 4. AutoShow and Summit

ADRIANNE NOLDEN v. SUMMIT FINANCIAL CORP.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Snippet: part, for the buyer’s obligation. § 520.02(17), Fla. Stat. (2009). 4. AutoShow and Summit

Destefanis v. Tan

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Snippet: more appropriate forum.” § 61.520(1). Section 61.520(2) requires the court to consider all relevant factors

Dept. of Children and Families v. M.N. and O.C.S.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-31

Citation: 199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489

Snippet: starting an action in Puerto Rico. Section 61.520(2) sets forth the matters to be considered as the

State v. Beach Blvd Automotive, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-19

Citation: 139 So. 3d 380, 2014 WL 2040853, 2014 Fla. App. LEXIS 7574

Snippet: disclosure. While Appellant is correct that section 520.02(7), Florida Statutes (2011), provides that GAP

Rudel v. Rudel

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 111 So. 3d 285, 2013 WL 1629167, 2013 Fla. App. LEXIS 6059

Snippet: court heard evidence on the factors in section 61.520(2) that a court should consider in determining whether

Sanford v. Howard

Court: District Court of Appeal of Florida | Date Filed: 2012-08-17

Citation: 94 So. 3d 711

Snippet: authorized the guardian to pay Mr. Martin is only $16,520.2 The amount that the circuit court authorized the

Miami Automotive Retail, Inc. v. Baldwin

Court: District Court of Appeal of Florida | Date Filed: 2012-06-27

Citation: 97 So. 3d 846, 2012 WL 2402152, 2012 Fla. App. LEXIS 10389

Snippet: to the cash price of a vehicle as defined in s. 520.02(2) any fee or charge other than those provided

M.A.C. v. M.D.H.

Court: District Court of Appeal of Florida | Date Filed: 2012-05-30

Citation: 88 So. 3d 1050, 2012 Fla. App. LEXIS 8593, 2012 WL 1939742

Snippet: addressing the statutory factors listed under section 61.520(2)(a)-(h), Florida Statutes (2010), the inconvenient

KI v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 70 So. 3d 749, 2011 Fla. App. LEXIS 15738, 2011 WL 4578271

Snippet: more convenient forum state...." [4] Section 61.520(2), Florida Statutes, provides the following factors

London v. London

Court: District Court of Appeal of Florida | Date Filed: 2009-10-16

Citation: 32 So. 3d 107, 2009 Fla. App. LEXIS 15614, 2009 WL 3320189

Snippet: this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517, a court

Arjona v. Torres

Court: District Court of Appeal of Florida | Date Filed: 2006-10-25

Citation: 941 So. 2d 451, 2006 WL 3019578

Snippet: this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517, a court

Steckler v. Steckler

Court: District Court of Appeal of Florida | Date Filed: 2006-02-17

Citation: 921 So. 2d 740, 2006 WL 359673

Snippet: raise the issue of inconvenient forum. Section 61.520(2) provides that "[b]efore determining whether it