Fla. Stat. 320.781
Mobile Home and Recreational Vehicle Protection Trust Fund

(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: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; andA 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.

(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.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:
That the judgment against the mobile home or recreational vehicle dealer or broker and its surety has been entered; or
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;
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;
The amount of payment or other consideration received, if any, from the mobile home or recreational vehicle dealer or broker or its surety;
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;
An assignment by the claimant of rights, title, or interest in the unsatisfied judgment lien to the department; and
Such other information as the department requires.
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:
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;
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;
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;
An assignment by the claimant of rights, title, or interest in the claim to the department; and
Such other information as the department requires.
The department may require such proof as it deems necessary to document the matters set forth in the claim.

(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:
That the judgment against the mobile home or recreational vehicle dealer or broker and its surety has been entered; or
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;
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;The amount of payment or other consideration received, if any, from the mobile home or recreational vehicle dealer or broker or its surety;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;An assignment by the claimant of rights, title, or interest in the unsatisfied judgment lien to the department; andSuch other information as the department requires.
1.a. That the judgment against the mobile home or recreational vehicle dealer or broker and its surety has been entered; orb. 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;
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: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;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;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;An assignment by the claimant of rights, title, or interest in the claim to the department; andSuch other information as the department requires.
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.

Source: Section 320.781 — Mobile Home and Recreational Vehicle Protection Trust Fund, https://www.­flsenate.­gov/Laws/Statutes/2024/0320.­781 (accessed Aug. 7, 2025).

320.02
Registration required 320.03
Registration 320.04
Registration service charge 320.05
Records of the department 320.06
Registration certificates, license plates, and validation stickers generally 320.07
Expiration of registration 320.08
License taxes 320.10
Exemptions 320.011
Administration and enforcement 320.13
Dealer and manufacturer license plates and alternative method of registration 320.14
Fractional license tax 320.15
Refund of license tax 320.015
Taxation of mobile homes 320.17
Classification of vehicles and mobile homes and assessment of license tax by department 320.18
Withholding registration 320.19
Tax lien 320.20
Disposition of license tax moneys 320.23
Taxes declared compensatory 320.023
Requests to establish voluntary checkoff on motor vehicle registration application 320.025
Registration certificate and license plate or decal issued under fictitious name 320.26
Counterfeiting license plates, validation stickers, mobile home stickers, cab cards, trip permits, or special temporary operational permits prohibited 320.27
Motor vehicle dealers 320.28
Nonresident dealers in secondhand motor vehicles, recreational vehicles, or mobile homes 320.30
Penalty for violating s 320.31
Definitions covering ss 320.031
Mailing of registration certificates, license plates, and validation stickers 320.37
Registration not to apply to nonresidents 320.38
When nonresident exemption not allowed 320.39
Reciprocal agreements for nonresident exemption 320.51
Farm tractors and farm trailers exempt 320.055
Registration periods 320.57
Penalties for violations of this chapter 320.58
License inspectors 320.60
Definitions for ss 320.61
Licenses required of motor vehicle manufacturers, distributors, importers, etc 320.061
Unlawful to alter motor vehicle registration certificates, license plates, temporary license plates, mobile home stickers, or validation stickers or to obscure license plates 320.62
Licenses 320.63
Application for license 320.64
Denial, suspension, or revocation of license 320.67
Violations by dealers 320.68
Revocation of license held by firms or corporations 320.69
Rules 320.70
Penalties for violation 320.71
Nonresident motor vehicle, mobile home, or recreational vehicle dealer’s license 320.071
Advance registration renewal 320.072
Additional fee imposed on certain motor vehicle registration transactions 320.77
License required of mobile home dealers 320.081
Collection and distribution of annual license tax imposed on the following type units 320.083
Amateur radio operators 320.084
Free motor vehicle license plate to certain disabled veterans 320.086
Ancient or antique motor vehicles 320.087
Intercity buses operated in interstate commerce 320.089
Veterans of the United States Armed Forces 320.90
Notification of consumer’s rights 320.091
Vehicles held in trust 320.95
Transactions by electronic or telephonic means 320.102
Marine boat trailers owned by nonprofit organizations 320.0104
Legislative intent with respect to implementation of chapter 320.105
Golf carts and utility vehicles 320.131
Temporary tags 320.133
Transporter license plates 320.203
Disposition of biennial license tax moneys 320.261
Attaching registration license plate not assigned unlawful 320.271
Used cars 320.273
Reinstatement of license of motor vehicle dealers 320.275
Automobile Dealers Industry Advisory Board 320.371
Registration not to apply to certain manufacturers and others 320.405
International Registration Plan 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 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 320.525
Port vehicles and equipment 320.535
Airport vehicles and equipment 320.571
Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives 320.0601
Lease and rental car companies 320.0603
Vehicle-for-hire license or permit 320.605
Legislative intent 320.0605
Certificate of registration 320.0607
Replacement license plates, validation decal, or mobile home sticker 320.0609
Transfer and exchange of registration license plates 320.615
Agent for service of process 320.641
Discontinuations, cancellations, nonrenewals, modifications, and replacement of franchise agreements 320.642
Dealer licenses in areas previously served 320.643
Transfer, assignment, or sale of franchise agreements 320.644
Change of executive management control 320.645
Restriction upon ownership of dealership by licensee 320.646
Consumer data protection 320.0655
Permanent license plates for governmental entities and volunteer fire departments 320.0657
Permanent registration 320.0659
Permanent registration of trailer for hire and semitrailers 320.664
Reinstatement of license 320.695
Injunction 320.696
Warranty responsibility 320.697
Civil damages 320.698
Civil fines 320.699
Administrative hearings and adjudications 320.701
Applicability of ch. 84-69 320.0705
Semiannual registration or renewal for certain vehicles 320.0706
Display of license plates on trucks 320.0715
International Registration Plan 320.771
License required of recreational vehicle dealers 320.781
Mobile Home and Recreational Vehicle Protection Trust Fund 320.0801
Additional license tax on certain vehicles 320.0802
Surcharge on license tax 320.0803
Moped license plates 320.0804
Surcharge on license tax 320.0805
Personalized prestige license plates 320.0807
Special license plates for Governor and federal and state legislators 320.0815
Mobile homes and recreational vehicle-type units required to have appropriate license plates or stickers 320.0821
Wrecker license plates 320.822
Definitions 320.823
Establishment of uniform mobile home standards 320.824
Changes and modifications of standards 320.827
Label 320.830
Reciprocity 320.831
Penalties 320.832
Legislative intent 320.833
Retention, destruction, and reproduction of records 320.834
Purpose 320.835
Mobile home and recreational vehicle warranties 320.836
Presenting warranty claim 320.837
Warranty service 320.838
Civil action 320.839
Cumulative remedies 320.840
Liquidated damages 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 320.0843
License plates for persons with disabilities eligible for permanent disabled parking permits 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 320.0848
Persons who have disabilities 320.861
Investigations 320.862
Revocation of license held by firms or corporations 320.0863
Custom vehicles and street rods 320.865
Maintenance of records by the department 320.0875
Purple Heart special motorcycle license plate 320.0891
U.S. Paratroopers license plate 320.0892
Motor vehicle license plates for recipients of the Silver Star, Distinguished Service Cross, Navy Cross, or Air Force Cross 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 320.1316
Failure to surrender vehicle or vessel 320.1325
Registration required for the temporarily employed 320.3201
Legislative intent 320.3202
Definitions 320.3203
Requirement for a written manufacturer/dealer agreement 320.3205
Termination, cancellation, and nonrenewal of a manufacturer/dealer agreement 320.3206
Transfer of ownership 320.3207
Warranty obligations 320.3208
Inspection and rejection by the dealer 320.3209
Coercion of dealer prohibited 320.3210
Civil dispute resolution 320.3211
Penalties 320.6403
Distributor agreements 320.6405
Franchise agreements 320.6407
Recall notices under franchise agreements 320.6412
Franchise termination based on fraud 320.6415
Changes in plan or system of distribution 320.6975
Procedures and remedies applicable to distributor agreements 320.6992
Application 320.08001
Electric vehicles 320.08015
License tax surcharge 320.08035
Persons who have disabilities 320.08046
Juvenile programs surcharge on license tax 320.08047
Voluntary contribution for organ and tissue donor education 320.08048
Sample 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 320.08068
Motorcycle specialty license plates 320.8225
Mobile home and recreational vehicle manufacturer, distributor, and importer license 320.8231
Establishment of uniform standards for recreational vehicle-type units and park trailers 320.8232
Establishment of uniform standards for used recreational vehicles and repair and remodeling code for mobile homes 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 320.8255
Mobile home inspection 320.8285
Onsite inspection 320.8325
Mobile homes, manufactured homes, and park trailers 320.8335
Disclosure of manner used in determining length of mobile homes 320.69915
Severability

Current through Fall 2025

§ 320.781. Mobile Home & Recreational Vehicle Protection Trust Fund's source at flsenate​.gov