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Florida Association of Licensed Repossessors - Laws
Florida state statue 493 covers all laws regarding repossession.
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Navigate to "Part IV" for all laws regarding repossession.
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CHAPTER 493 - PART IV - REPOSSESSION SERVICES
493.6401 Classes of licenses.
493.6402 Fees.
493.6403 License requirements.
493.6404 Property inventory; vehicle license identification numbers.
493.6405 Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.
493.6406 Recovery agent school or training facility.
493.6401 Classes of licenses.
(1) Any person, firm, company, partnership, or corporation which engages in business as a recovery agency shall have a Class R license. A Class R license is valid for only one location.
(2) Each branch office of a Class R agency shall have a Class RR license.
(3) Any individual who performs the services of a manager for a Class R recovery agency or a Class RR branch office must have a Class MR license. A Class E licensee may be designated as the manager, in which case the Class MR license is not required.
(4) Any individual who performs the services of a recovery agent must have a Class E license.
(5) Any individual who performs repossession as an intern under the direction and control of a designated, sponsoring Class E licensee or a designated, sponsoring Class MR licensee shall have a Class EE license.
(6) Class E or Class EE licensees shall own or be an employee of a Class R agency or branch office.
(7) Any person who operates a recovery agent school or training facility or who conducts an Internet-based training course or a correspondence training course must have a Class RS license.
(8) Any individual who teaches or instructs at a Class RS recovery agent school or training facility shall have a Class RI license.
History. ss. 5, 11, ch. 90-364; s. 14, ch. 91-248; s. 4, ch. 91-429; s. 7, ch. 93-49; s. 2, ch. 2007-232; s. 16, ch. 2011-205.
493.6402 Fees.
(1) The department shall establish by rule license fees not to exceed the following:
(a) Class R license recovery agency: $450.
(b) Class RR license branch office: $125.
(c) Class MR license recovery agency manager: $75.
(d) Class E license recovery agent: $75.
(e) Class EE license recovery agent intern: $60.
(f) Class RS license recovery agent school or training facility: $60.
(g) Class RI license recovery agent school or training facility instructor: $60.
(2) The department may establish by rule a fee for the replacement or revision of a license, which fee shall not exceed $30.
(3) The fees set forth in this section must be paid by check or money order, or, at the discretion of the department, by electronic funds transfer at the time the application is approved, except that the applicant for a Class E, Class EE, or Class MR license must pay the license fee at the time the application is made. If a license is revoked or denied, or if an application is withdrawn, the license fee is nonrefundable.
(4) The initial license fee for a veteran, as defined in s. 1.01, shall be waived if he or she applies for a Class E, Class EE, Class MR, or Class RI license within 24 months after being discharged from any branch of the United States Armed Forces. An eligible veteran must include a copy of his or her DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans Affairs with his or her application in order to obtain a waiver.
History. ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 17, ch. 94-172; s. 17, ch. 2011-205; s. 66, ch. 2012-5; s. 10, ch. 2016-166; s. 23, ch. 2017-85.
493.6403 License requirements
(1) In addition to the license requirements set forth in this chapter, each individual or agency shall comply with the following additional requirements:
(a) Each agency or branch office must designate a minimum of one appropriately licensed individual to act as manager, directing the activities of the Class E or Class EE employees. A Class E licensee may be designated to act as manager of a Class R agency or branch office in which case the Class MR license is not required.
(b) An applicant for Class MR license shall have at least 1 year of lawfully gained, verifiable, full-time experience as a Class E licensee performing repossessions of motor vehicles, mobile homes, motorboats, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment.
(c) An applicant for a Class E license shall have at least 1 year of lawfully gained, verifiable, full-time experience in one, or a combination of more than one, of the following:
1. Repossession of motor vehicles as defined in s. 320.01(1), mobile homes as defined in s. 320.01(2), motorboats as defined in s. 327.02, aircraft as defined in s. 330.27(1), personal watercraft as defined in s. 327.02, all-terrain vehicles as defined in s. 316.2074, farm equipment as defined under s. 686.402, or industrial equipment as defined in s. 493.6101(22).
2. Work as a Class EE licensed intern.
(2) An applicant for a Class E or a Class EE license must submit proof of successful completion of 40 hours of professional training at a school or training facility licensed by the department.
The department shall by rule establish the general content for the training.
History. ss. 5, 11, ch. 90-364; s. 15, ch. 91-248; s. 4, ch. 91-429; s. 8, ch. 93-49; s. 18, ch. 94-172; s. 11, ch. 94-241; s. 5, ch. 2005-143; s. 24, ch. 2017-85.
493.6404 Property inventory; vehicle license identification numbers.
(1) If personal effects or other property not covered by a security agreement are contained in or on a recovered vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicle, farm equipment, or industrial equipment at the time it is recovered, a complete and accurate inventory shall be made of such personal effects or property. The date and time the inventory is made shall be indicated, and it shall be signed by the Class E or Class EE licensee who obtained the personal property. The inventory of the personal property and the records regarding any disposal of personal property shall be maintained for a period of 2 years in the permanent records of the licensed agency and shall be made available, upon demand, to an authorized representative of the department engaged in an official investigation.
(2) Within 5 working days after the date of a repossession, the Class E or Class EE licensee shall give written notification to the debtor of the whereabouts of personal effects or other property inventoried pursuant to this section. At least 45 days prior to disposing of such personal effects or other property, the Class E or Class EE licensee shall, by United States Postal Service proof of mailing or certified mail, notify the debtor of the intent to dispose of said property. Should the debtor, or her or his lawful designee, appear to retrieve the personal property, prior to the date on which the Class E or Class EE licensee is allowed to dispose of the property, the licensee shall surrender the personal property to that individual upon payment of any reasonably incurred expenses for inventory and storage. If personal property is not claimed within 45 days of the notice of intent to dispose, the licensee may dispose of the personal property at her or his discretion, except that illegal items or contraband shall be surrendered to a law enforcement agency, and the licensee shall retain a receipt or other proof of surrender as part of the inventory and disposal records she or he maintains.
(3) Vehicles used for the purpose of repossession by a Class E or Class EE licensee must be identified during repossession by the license number of the Class R agency only, local ordinances to the contrary notwithstanding. These vehicles are not wreckers as defined in s. 713.78. The license number must be displayed on both sides of the vehicle and must appear in lettering no less than 4 inches tall and in a color contrasting from that of the background.
History. ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 9, ch. 93-49; s. 539, ch. 97-103; s. 11, ch. 97-248; s. 6, ch. 2005-143.
493.6405 Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.
(1) A Class E or Class EE licensee shall obtain, prior to sale, written authorization and a negotiable title from the owner or lienholder to sell any repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment.
(2) A Class E or Class EE licensee shall send the net proceeds from the sale of such repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment to the owner or lienholder, within 20 working days after the licensee executes the documents which permit the transfer of legal ownership to the purchaser.
(3) A person who violates a provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History. ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 7, ch. 2005-143.
493.6406 Recovery agent school or training facility.
(1) Any school, training facility, or instructor who offers the training outlined in s. 493.6403(2) for Class E or Class EE applicants shall, before licensure of such school, training facility, or instructor, file with the department an application accompanied by an application fee in an amount to be determined by rule, not to exceed $60. The fee shall not be refundable. This training may be offered as face-to-face training, Internet-based training, or correspondence training.
(2) The application must be signed and verified by the applicant under oath as provided in s. 92.525 and shall contain, at a minimum, the following information:
(a) The name and address of the school or training facility and, if the applicant is an individual, his or her name, address, and social security or alien registration number.
(b) The street address of the place at which the training is to be conducted or the street address of the Class RS school offering Internet-based or correspondence training.
(c) A copy of the training curriculum and final examination to be administered.
(3) The department shall adopt rules establishing the criteria for approval of schools, training facilities, and instructors.
History. ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 540, ch. 97-103; s. 3, ch. 2007-232; s. 18, ch. 2011-205.
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934.425 Installation or use of tracking devices or tracking applications; exceptions; penalties.-
(1) As used in this section, the term:
(a) "Business entity" means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state.
(b) "Tracking application" means any software program whose primary purpose is to track or identify the location or movement of an individual.
(c) "Tracking device" means any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals.
(d) "Person" means an individual but does not include a business entity.
(2) Except as provided in subsection (4), a person may not knowingly:
(a) Install or place a tracking device or tracking application on another person's property without that person's consent; or
(b) Use a tracking device or tracking application to determine the location or movement of another person or another person's property without that person's consent.
(3) For purposes of this section, a person's consent is presumed to be revoked if:
(a) The consenting person and the person to whom consent was given are lawfully married and one person files a petition for dissolution of marriage from the other; or
(b) The consenting person or the person to whom consent was given files an injunction for protection against the other person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 784.0485.
(4) This section does not apply to:
(a) A law enforcement officer as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that lawfully installs, places, or uses a tracking device or tracking application on another person's property as part of a criminal investigation.
(b) A parent or legal guardian of a minor child who installs, places, or uses a tracking device or tracking application on the minor child's property if:
1. The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation, placement, or use of the tracking device or tracking application;
2. The parent or legal guardian is the sole surviving parent or legal guardian of the minor child;
3. The parent or legal guardian has sole custody of the minor child; or
4. The parents or legal guardians are divorced, separated, or otherwise living apart and both consent to the installation, placement, or use of the tracking device or tracking application.
(c) A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person's or disabled adult's treating physician certifies that the installation or placement of a tracking device or tracking application onto the elderly person's or disabled adult's property or the use of a tracking device or tracking application to determine the location or movement of the elderly person or disabled person or his or her property is necessary to ensure the safety of the elderly person or disabled adult.
(d) A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator.
(e) An owner or lessee of a motor vehicle that installs, places, or uses, or directs the installation, placement, or use of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that:
1. The tracking device or tracking application is removed before the vehicle's title is transferred or the vehicle's lease expires;
2. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the nonremoval of the tracking device or tracking application; or
3. The owner of the vehicle at the time of the installation or placement of the tracking device or tracking application was the original manufacturer of the vehicle and the next owner of the vehicle was informed of the location and how to remove the device before the vehicle title is transferred.
(5) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.-s. 1, ch. 2015-137; s. 1, ch. 2024-114.
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