Backstory:  I own an old truck I am trying to sell, since I just bought a new one last month.  I parked it in the Winn-Dixie plaza with a for sale sign inside, with some basic info about the vehicle, plus my phone number.

Within 24 hrs I had a notice on the vehicle from the local PD that I needed to move it, or it would be towed.  I didn't know where else to put it, so I parked it in a slot much closer to the stores, in the midst of the other shopper's vehicles.  I also took the sign down.

So, two weeks later, I recieved this letter in the mail:

To Whom It May Concern: You appear to be in violation of section 320.27. F.S., which requires a motor vehicle dealer license to sell motor vehicles in Florida.  Failure to abide by the motor vehicle dealer licensing law is a misdemeanor of the second degree punishable by a jail sentence of up to 60 days and/or a fine of up to $500.  If you are interested in obtaining a motor vehicle dealer license or have any questions please give us a call. Vehicle vin: xxxxxxx Offered for sale @ xxxxxxx If you no longer own this vehicle, please give  me a call and let me know how and when it was disposed of. Sincerely, xxxxx Compliance Officer Bureau of Field Operations, Region III Division of Motor Vehicles 3428 Beach Blvd. Jacksonville Florida 32207 (904) 825-0683

So its illegal to sell my own vehicle as a private individual now?  When I get tired of it, it's off to the car crusher, and that's it?

I suspect this came about because possibly the plaza owner is a vindictive type, and pushed the issue with the local authorities.  This is assuming he doesn't want people parking their vehicles on his lot unless they are shopping there.

Anything I can do about this?  I am not interested in confessing to a misdemeanor and paying a fine.  I just want to sell my truck.

Not parking your vehicle and attempting to sell it on someone else's private property might be a start...

In Kalistan most counties require privately sold vehicles to remain on private property (i.e. your driveway).  HTH

Quoted: I suspect this came about because possibly the plaza owner is a vindictive type, and pushed the issue with the local authorities.  This is assuming he doesn't want people parking their vehicles on his lot unless they are shopping there. Anything I can do about this?  I am not interested in confessing to a misdemeanor and paying a fine.  I just want to sell my truck.

Yeah, you can get your truck off of his property.

Quoted: Not parking your vehicle and attempting to sell it on someone else's private property might be a start...

+1

Where are you finding yourself confused?  It looks pretty straightforward to me.

Quoted: Not parking your vehicle and attempting to sell it on someone else's private property might be a start...

yea, did you at least ask first?

It is an old trick by unlicensed dealer's to park their vehicles in public shopping center's to make it appear that it's just a private sale. Don't do that.

www.hsmv.state.fl.us/dmv/dmvdeal.html

Licensing Requirements for Motor Vehicle Dealers

In Florida, motor vehicle dealers are licensed and regulated by the Division of Motor Vehicles under Section 320.27 Florida Statutes.

The Law

Florida law states that any person, firm partnership, or corporation that buys, sells, offers for sale, displays for sale or deals in three or more motor vehicles in any 12-month period is presumed to be a motor vehicle dealer and must have an appropriate license issued by the State.

License Types

There are four classes of licenses issued to motor vehicle dealers. They are:

Independent Dealer--for a person dealing in used motor vehicles only. This license permits the licensee to transact business at retail or wholesale.

Franchise Dealer--allows the licensee to sell new motor vehicles under an agreement with a manufacturer. This license also permits the licensee to sell used motor vehicles.

Wholesale Dealer--licensees may only buy from, sell to, and deal at wholesale with other licensed dealers.

Auctions--are licensed to sell, on behalf of licensed dealers, through the bid process. Auctions may not sell retail.

Application

Before going into the business of selling motor vehicles, a person must submit a completed application, with required documentation and fees. License applications may be obtained from any Division of Motor Vehicles' regional office.

Quoted: Look up the statute, and see if there's a provision that you have to sell more than X number of automobiles per year before the law requires you to register as a dealer.

I think DoubleFeed is on the right track.  They probably keeping an eye out for curbstoners.

Quoted: Quoted: Not parking your vehicle and attempting to sell it on someone else's private property might be a start... +1 Where are you finding yourself confused?  It looks pretty straightforward to me.

+2

You can go to jail for 60 days for selling a car at a grocery store? You need to move to a free state.

J/K. There are no free states left. You're fooked.

Quoted: I didn't know where else to put it, so I parked it in a slot much closer to the stores, in the midst of the other shopper's vehicles.

This may come as a surprise, but how about your own driveway, and place an ad?

Surprised you weren't just towed. Try the classifieds.

Dear xxxxx,

FOAD.

Sincerely,

AvengeR15

Can we put this one in the same file as the guy who called the police to report his marijuana had been stolen?

Almost?

Maybe?

Possibly?

You can go to jail for 60 days for selling a car at a grocery store? You need to move to a free state.

Huh?  

*He improperly used someone else's property.
*Received a warning.
*Continued to misuse someone else's property.

You think the storeowner might have wanted the "slot closer to the store" for actual customers?

Quoted: Dear xxxxx, FOAD. Sincerely, AvengeR15

You forgot "please" and "thank you."

To clarify a few points:

I don't have any evidence that this is a response from the plaza owner - no phone calls or other communications.  It just seems like that must be how it started.  For all I know an overzealous parking enforcement agent drove by and did a random check or something.

My main issue here is that a license is needed to sell a POV in Florida.  When did that happen?

The last sentence particularly bothers me:

If you no longer own this vehicle, please give me a call and let me know how and when it was disposed of.

It seems to me that the Compliance Officer is suggesting that if I have sold the vehicle in the interim, then I will have to pay a fine or do the jail time.  There are no other options.

As to parking the vehicle on my own property, my parents home is at the end of a long winding road in a country club.  Virtually no traffic in that area.  I myself don't own any other property, and I work 100 miles from where they live, so I parked the vehicle in the town I work in so as to keep an eye on it and be able to respond to any interested callers that same day.

A number of other POVs for sale have been parked in that lot before, during, and after this little incident, as well.

The compliance officer is a moron. Just sell the truck and ignore the letter. If you hear anything more from them, IM me and I'll take care of it.

ETA: Non-legal: you may have to drive the truck a couple of days a week to let people see the "for sale" sign. You could put it at my place, but it's on a dead-end street.

Quoted: A number of other POVs for sale have been parked in that lot before, during, and after this little incident, as well.

They may have had permission.  Were I the shopping center owner and I found some guy using my property for his own use without my permission I'd call the law too (after giving a polite call to move your stuff).  Maybe the local PD decided it would be easier to let the DMV take care of your car as they have more legal options.

1) Get your vehicle off the other guy's private property.
2) Ignore the letter - you're not a dealer.
3) Go here and sell your car.

Quoted: My main issue here is that a license is needed to sell a POV in Florida.  When did that happen?

See my link in the above post. According to the FL DMV you don't need a license to sell one or two vehicles in a 12 month period in FL. It is obvious that the warning letter was sent to you because you parked it in an area where the compliance officer looks for such vehicles for sale.

Quoted: You can go to jail for 60 days for selling a car at a grocery store? You need to move to a free state. Huh?   *He improperly used someone else's property. *Received a warning. *Continued to misuse someone else's property. You think the storeowner might have wanted the "slot closer to the store" for actual customers?

Friends of mine in Occupied Kalifornistan routinely sell their cars by parking them in shopping centers, busy roads, empty lots owned by other people, etc. They treasure their freedom over there, let me tell you.