320.3202 Definitions. - Florida Statutes

320.3202 Definitions.

As used in ss. 320.3201-320.3211, the term:

   (1) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a particular line-make.

   (2) “Dealer” means any person, firm, corporation, or business entity licensed or required to be licensed under s. 320.771.

   (3) “Distributor” means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers.

   (4) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.

   (5) “Family member” means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.

   (6) “Line-make” means a specific series of recreational vehicle products that:

   (a) Are identified by a common series trade name or trademark;

   (b) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

   (c) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;

   (d) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

   (e) The manufacturer/dealer agreement authorizes a dealer to sell.

   (7) “Manufacturer” means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles.

   (8) “Manufacturer/dealer agreement” means a written agreement or contract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.

   (9) “Proprietary part” means any part manufactured by or for and sold exclusively by the manufacturer.

   (10) “Recreational vehicle” means the category of motor vehicle described in s. 320.01(1)(b).

   (11) “Transient customer” means a customer who is temporarily traveling through a dealer’s area of sales responsibility.

   (12) “Warrantor” means any person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. The term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

History. s. 2, ch. 2007-258.