Advertising Guidelines

  • The regulatory authority for dealer advertising in Florida is the Office of the Florida Attorney General and various others, such as municipal governments that may have local ordinances governing dealer ads.
  • Federal laws that apply to dealer advertising include the Federal Trade Commission Act (FTC Act); the Truth in Lending Act and its implementing regulation, Regulation Z; the Consumer Leasing Act and its implementing regulation, Regulation M, and other requirements.

Damage Disclosures

  • Florida law has different requirements for new and used vehicles.

Dealer Fees

  • A pre-delivery service charge is allowed under Florida law. Florida Statutes outlines additional requirements.

GLB & Safeguard Rule

  • As part of its implementation of the GLB Act, the Federal Trade Commission (FTC) issued the Safeguards Rule, which requires financial institutions under FTC jurisdiction to have measures in place to keep customer information secure

New Buyers Guide – FTC Used Car Rule

  • Important reminders and changes on the Federal Trade Commission’s (FTC’s) Used Car Rule

Out of State Resident Sales Tax

  • Changes to DR-123: Florida DOR has changed a significant position/policy of now requiring dealers to collect taxes on out of state residents they previously weren’t.

Roger’s Case

  • In 2011 and 2013, courts in two different cases (Rogers and Basulto) held that an arbitration clause contained in a retail buyer’s order was unenforceable when a subsequently signed retail sales installment contract stated it was the entire agreement between the parties.

Sales for Resale

  • To be tax exempt, the burden of proof rests with the seller, who must retain the required documentation to support the exempt sale.