Florida Dealer Licensing Basics: Dealer vs. Broker

Disclaimer: This content is for informational purposes only and does not constitute legal, financial, or insurance advice. Requirements may change. Verify current rules with FLHSMV or a licensed professional.

If you’re helping people buy vehicles in Florida, the first question is simple: do you need a dealer license? Here’s the quick read based on FLHSMV’s FAQ and section 320.27, Florida Statutes.

Key points in 30 seconds

  • Dealers who buy/sell vehicles need a license; brokers that only arrange deals do not.
  • Taking title, advertising inventory, or handling paperwork as seller = likely requires a dealer license.
  • License type depends on activity (retail, wholesale, auction, mobile home, RV).

Who this applies to

  • Startups exploring a retail or wholesale dealership.
  • “Concierge” car-finding services (brokers) confirming what they can legally do.
  • Existing dealers adding services (wholesale, RVs, auctions) and checking license boundaries.

Who must be licensed

  • Any business selling motor vehicles to the public must hold the appropriate FLHSMV dealer license.
  • Franchised, independent, wholesale, mobile home, recreational vehicle (RV), and auction dealers each have distinct license types and rules.

Who is not licensed as a dealer

  • Motor vehicle brokers (entities that only arrange sales for others) are not licensed as dealers under 320.27(1)(c)(5) & (1)(d). They cannot take title or advertise as dealers.

Examples

  • Broker-only: You locate a vehicle, negotiate, and the buyer pays the seller directly. You never take title—no dealer license, but stay within the broker role.
  • Dealer activity: You buy vehicles at auction, recondition, and advertise them. You hold title—you need the appropriate dealer license.
  • Gray area check: If you accept a trade-in or sign the buyer’s order as seller, you’ve crossed into dealer territory.

This is informational only; verify requirements with FLHSMV before operating.

Quick FAQ

  • Do brokers need a dealer license? Not if they only arrange sales and never hold or advertise vehicles.
  • What actions trigger dealer licensing? Taking title, advertising inventory, issuing buyer’s orders, or collecting tax as seller.
  • Can brokers advertise cars? Advertising inventory implies you’re the seller—get licensed.
  • Does wholesale-only activity still require a license? Yes, as a wholesale dealer license; you can sell only to licensed dealers/auctions.

Source

Need licensing help?

Let our experts guide you through the Florida dealer licensing process.