TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

 

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To:  DMV Regional Offices

From:  Carl A. Ford, Director

Subject:  Registration of Mobile Home Salespersons

Advisory Date:  09/01/2006                             Implementation Date: October 1, 2006

Advisory Number:        BFO06-06

 

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As a result of the passage of House Bill 7079, the following changes will become effective October 1, 2006.  

 

An addition has been made to include Section 320.77(c) 1, Florida Statues, defining the term “Mobile home salesperson.”  The new language reads:  Mobile home salesperson means a person not otherwise expressly excluded by this section who:  a. Is employed as a salesperson by a mobile home dealer,  as defined in s. 320.77, or who, under any contract, agreement,  or arrangement with a dealer, for a commission, money, profit,  or any other thing of value, sells, exchanges, buys, or offers  for sale, negotiates, or attempts to negotiate a sale or  exchange of an interest in a mobile home required to be titled  under this chapter;  b. Induces or attempts to induce any person to buy or  exchange an interest in a mobile home required to be registered  and who receives or expects to receive a commission, money,  brokerage fees, profit, or any other thing of value from the seller or purchaser of the mobile home; or  c. Exercises managerial control over the business of a  licensed mobile home dealer or who supervises mobile home  salespersons employed by a licensed mobile home dealer, whether  compensated by salary or commission, including, but not limited  to, any person who is employed by the mobile home dealer as a  general manager, assistant general manager, or sales manager, or  any employee of a licensed mobile home dealer who negotiates  with or induces a customer to enter into a security agreement or  purchase agreement or purchase order for the sale of a mobile  home on behalf of the licensed mobile home dealer.  2. The term does not include:  a. A representative of an insurance company or a finance  company, or a public official who, in the regular course of  business, is required to dispose of or sell mobile homes under a  contractual right or obligation of the employer, in the  performance of an official duty, or under the authority of any  court if the sale is to save the seller from any loss or  pursuant to the authority of a court.  b. A person who is licensed as a manufacturer,  remanufacturer, transporter, distributor, or representative of  mobile homes.  c. A person who is licensed as a mobile home dealer under this chapter.  d. A person not engaged in the purchase or sale of mobile homes as a business who is disposing of mobile homes acquired for his or her own use or for use in his or her business if the mobile homes were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. (9) Salespersons to be registered by licensees.-- (a) Each licensee shall register with the department, within 30 days after the date of hire, the name, local residence  address, and home telephone number of each person employed by  such licensee as a mobile home salesperson. A licensee may not  provide a post office box in lieu of a physical residential  address.  (b) Each time a mobile home salesperson employed by a licensee changes his residence address, the salesperson must notify the department within 20 days after the change.  (c) Quarterly, each licensee shall notify the department  of the termination or separation from employment of each mobile  home salesperson employed by the licensee. Each notification must be on a form prescribed by the department.”

 

Section 320.27(9)(b) 19, Florida Statutes, was added to the statutes and provides the department the ability to deny, suspend or revoke a license for failure to register a mobile home salesperson(s).

 

Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), can be obtained from our website at http://www3.hsmv.state.fl.us/Intranet/dmv/Forms/BFO/84045.pdf.  This form has been created to assist mobile home dealers in registering their existing salesperson(s), adding new salesperson(s), and deleting salesperson(s).  Mobile home salespersons must also use this form to update their change of residential address information.  Please note, that a post office box is not acceptable.  Mobile home dealers are not required to submit fingerprint card(s) or fees for the initial registration, additions or deletions of salesperson(s) with the Division of Motor Vehicles, Regional Office. 

 

In order to provide the department with a list of their existing salespersons, dealers may either complete Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), or provide a list that includes the salesperson’s name, driver license number, residence address, city, state, zip, and home telephone number for each of their salespersons and submit it to their local DMV Regional Office by October 1, 2006. 

 

After that, every mobile home dealer must register with the department, within 30 days after the date of hire, the name, local residence address, and home telephone number of each person newly employed by the licensee as a mobile home salesperson. A licensee may not provide a post office box in lieu of a physical residential address. Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s) must be used by a mobile home dealer to add new hires with the Division of Motor Vehicles, Regional Office.

 

Every mobile home dealer must notify the department of the termination or separation from employment of each mobile home salesperson employed by the dealer on a quarterly basis (March 31, June 30, September 30, December 31).  Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s) must be used by a mobile home dealer to update salesperson(s) status information with the Division of Motor Vehicles, Regional Office. 

 

Each time a mobile home salesperson employed by a licensee changes his residence address, the salesperson must notify the Division of Motor Vehicles, Regional Office within 20 days after the change using form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s).

 

The department has written and mailed a memo to all registered mobile home dealers notifying them of this requirement.  A copy of the letter is attached for your convenience.

 

The FRVIS will be enhanced to capture the information on the salesperson(s) under the Officer Maintenance function.  DMV Regional office personnel are responsible for entering this information into the FRVIS.

If you have any questions or need further clarification, please contact your Dealer License Representative.

 

CAF:nv:jwc

 

 

 

 

 

 

 

 

 

 

                                               

 

State of Florida

Department of Highway Safety and Motor Vehicles

Division of Motor Vehicles

 

 

 

 

September 5, 2006

 

 

 

Dear Mobile Home Dealer,

 

During Florida’s 2006 Legislative Session, House Bill 7079 was passed adding the definition of a "Mobile Home Salesperson" to the Florida Statutes.  The law requires the mobile home dealer to register the mobile home dealer’s salesperson(s) with the department. The new law also states that failure to register a mobile home salesperson with the department is grounds for denial, suspension or revocation of a license.

 

The actual language contained in Florida Statute 320.77(c)1 reads,  "Mobile home salesperson" means a person not otherwise expressly excluded by this section who: a. Is employed as a salesperson by a mobile home dealer, as defined in s. 320.77, or who, under any contract, agreement, or arrangement with a dealer, for a commission, money, profit, or any other thing of value, sells, exchanges, buys, or offers for sale, negotiates, or attempts to negotiate a sale or exchange of an interest in a mobile home required to be titled under this chapter: b. Induces or attempts to induce any person to buy or exchange an interest in a mobile home required to be registered and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value from the seller or purchaser of the mobile home: or c. Exercises managerial control over the business of a licensed mobile home dealer or who supervises mobile home salespersons employed by a licensed mobile home dealer, whether compensated by salary or commission, including, but not limited to, any person who is employed by the mobile home dealer as a general manager, assistant general manager, or sales manager, or any employee of a licensed mobile home dealer who negotiates with or induces a customer to enter into a security agreement or purchase agreement or purchase order for the sale of a mobile home on behalf of the licensed mobile home dealer. 2. The term does not include: a. A representative of an insurance company or a finance company, or a public official who, in the regular course of business, is required to dispose of or sell mobile homes under a contractual right or obligation of the employer, in the performance of an official duty, or under the authority of any court if the sale is to save the seller from any loss or pursuant to the authority of a court. b. A person who is licensed as a manufacturer, remanufacturer, transporter, distributor or representative of mobile homes. c. A person who is licensed as a mobile home dealer under this chapter. d. A person not engaged in the purchase or sale of mobile homes as a business who is disposing of mobile homes acquired for his or her own use or for use in his or her business if the mobile homes were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. (9) Salespersons to be registered by licensees. -- (a) Each licensee shall register with the department, within 30 days after the date of hire, the name, local residence address, and home telephone number of each person employed by such licensee as a mobile home salesperson.  A licensee may not provide a post office box in lieu of a physical residential address. (b) Each time a mobile home salesperson employed by a licensee changes his residence address, the salesperson must notify the department within 20 days after the change. (c) Quarterly, each licensee shall notify the department of the termination or separation from employment of each mobile home salesperson employed by the licensee. Each notification must be on a form prescribed by the department.”

 

In order to meet this new requirement in law, dealers may either complete Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), or provide a list that includes the salesperson’s name, driver license number, residence address, city, state, zip, and home telephone number for each of your salespersons and submit it to your local DMV Regional Office by October 1, 2006. 

 

In addition, every mobile home dealer must register with the department, within 30 days after the date of hire, the name, local residence address, and home telephone number of each person newly employed by the licensee as a mobile home salesperson.  A licensee may not provide a post office box in lieu of a physical residential address.  Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), must be used by a mobile home dealer to add new hires with the Division of Motor Vehicles, Regional Office.

 

Every mobile home dealer must notify the department of the termination or separation from employment of each mobile home salesperson employed by the dealer on a quarterly basis (March 31, June 30, September 30, December 31).   Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), must be used by a mobile home dealer to update salesperson(s) status information with the Division of Motor Vehicles, Regional Office. 

 

Each time a mobile home salesperson employed by a licensee changes his residence address, the salesperson must notify the Division of Motor Vehicles, Regional Office within 20 days after the change using form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s).

 

Form HSMV 84045, Registration of Mobile Home Dealer’s Salesperson(s), can be obtained from our website at http://www3.hsmv.state.fl.us/Intranet/dmv/Forms/BFO/84045.pdf.

 

Mobile home dealers are not required to submit fingerprint card(s) or fees for the registration, additions or deletions of salesperson(s) with the Division of Motor Vehicles, Regional Office.  This form must be signed by the Principal or Officer of the dealership.

 

If you have any questions, please contact your DMV Regional Office.