The Florida Senate

320.8325  Mobile homes and park trailers; tie-down requirements; minimum installation standards; injunctions; penalty.--

(1)  The owner of a mobile home or park trailer shall secure the mobile home or park trailer to the ground by the use of anchors and tie-downs so as to resist wind overturning and sliding. However, nothing herein shall be construed as requiring that anchors and tie-downs be installed to secure mobile homes or park trailers which are permanently attached to a permanent structure. A permanent structure shall have a foundation and such other structural elements as are required pursuant to rules and regulations promulgated by the department which assure the rigidity and stability of the mobile home or park trailer.

(a)  A mobile home or park trailer manufactured in accordance with the code standards and labeled "hurricane and windstorm resistive" shall be anchored to each anchor point provided on the mobile home or park trailer. A mobile home or park trailer which does not meet these standards must be anchored with anchor points spaced as required by the department starting at each end of the mobile home or park trailer.

(b)  In addition, each mobile home or park trailer shall be tied down by one of the following means:

1.  A mobile home or park trailer having built-in, over-the-roof ties shall be secured by the tie-down points, provided such built-in ties and points meet the standards promulgated by the department.

2.  A mobile home or park trailer not having built-in, over-the-roof ties and tie-down points which meet department standards shall be secured in accordance with standards promulgated by the department.

(2)  The department shall promulgate rules and regulations setting forth uniform standards for the manufacture or installation of anchors, tie-downs, over-the-roof ties, or other reliable methods of securing mobile homes or park trailers when over-the-roof ties are not suitable due to factors such as unreasonable cost, design of the mobile home or park trailer, or potential damage to the mobile home or park trailer. No entity, other than the department, has authority to amend these uniform standards. Such devices required under this section, when properly installed, shall cause the mobile home or park trailer to resist wind overturning and sliding. In promulgating such rules and regulations, the department may make such discriminations regarding mobile home or park trailer tie-down requirements as are reasonable when factors such as age, location, and practicality of tying down a mobile home or park trailer are considered.

(3)(a)  Persons licensed in this state to engage in the business of insuring mobile homes or park trailers that are subject to the provisions of this section against damage from windstorm shall issue such insurance only if the mobile home or park trailer has been anchored and tied down in accordance with the provisions of this section.

(b)  In the event that a mobile home or park trailer is insured against damage caused by windstorm and subsequently sustains windstorm damage of a nature that indicates that the mobile home or park trailer was not anchored or tied down in the manner required by this section, the person issuing the policy shall not be relieved from meeting the obligations specified in the insurance policy with respect to such damage on the basis that the mobile home or park trailer was not properly anchored or tied down.

(4)  Whenever a person who engages in the business of installing anchors, tie-downs, or over-the-roof ties or who engages in the business of manufacturing, distributing, or dealing in such devices for use in this state does so in a manner that is not in accordance with the minimum standards set forth by the department, a person aggrieved thereby may bring an action in the appropriate court for actual damages. In addition, the court may provide appropriate equitable relief, including the enjoining of a violator from engaging in the business or from engaging in further violations. Whenever it is established to the satisfaction of the court that a willful violation has occurred, the court shall award punitive damages to the aggrieved party. The losing party may be liable for court costs and reasonable attorney's fees incurred by the prevailing party.

(5)  In addition to other penalties provided in this section, the department or the state attorneys and their assistants are authorized to apply to the circuit courts within their respective jurisdictions, and such courts shall have jurisdiction, upon hearing and for cause shown, to grant temporary or permanent injunctions restraining any persons engaging in the business of manufacturing, distributing, or dealing in anchors, tie-downs, or over-the-roof ties from manufacturing or selling such devices in a manner not in accordance with the minimum standards set forth by the department or restraining any persons in the business of installing anchors, tie-downs, or over-the-roof ties from utilizing devices that do not meet the minimum standards set forth by the department or from installing such devices in a manner not in accordance with the minimum standards set forth by the department, whether or not there exists an adequate remedy at law, and such injunctions shall issue without bond.

(6)  This section only applies to a mobile home or park trailer that is being used as a dwelling place and that is located on a particular location for a period of time exceeding 14 days, for a mobile home, or 45 days, for a park trailer.

(7)  For the purposes of this section, the definitions set forth in s. 320.822 apply.

History.--s. 6, ch. 73-182; s. 2, ch. 74-9; s. 2, ch. 81-318; s. 4, ch. 84-182; s. 12, ch. 85-343; ss. 19, 20, ch. 88-147; s. 4, ch. 91-429; s. 38, ch. 99-248.