CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dudley moved the following amendment to amendment

12  (092662):

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14         Senate Amendment (with title amendment) 

15         On page 2, between lines 7 and 8,

16

17  insert:

18         Section 2.  Effective July 1, 1998, paragraph (d) is

19  added to subsection (2) of section 20.18, Florida Statutes,

20  and subsection (7) is added to said section, to read:

21         20.18  Department of Community Affairs.--There is

22  created a Department of Community Affairs.

23         (2)  The following units of the Department of Community

24  Affairs are established:

25         (d)  Bureau of Factory-built Housing.

26         (7)  The Department of Community Affairs shall be the

27  agency responsible for ensuring that there is adequate

28  affordable housing in this state through the use of

29  factory-built homes, that the federal code on mobile homes is

30  strictly observed by manufacturers, and that the state code

31  for manufactured buildings is an efficient method for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1  providing manufactured buildings to residents of this state.

 2  The department shall also be the agency responsible for the

 3  installation of mobile homes and manufactured buildings to

 4  such an extent that residents of this state are as safe as

 5  possible.

 6         Section 3.  Effective July 1, 1998:

 7         (1)  All statutory powers, duties, functions, records,

 8  personnel, property, and unexpended balances of

 9  appropriations, allocations, or other funds of the Bureau of

10  Mobile Home and Recreational Vehicle Construction of the

11  Department of Highway Safety and Motor Vehicles relating to

12  regulation and administration of mobile homes, and all

13  existing authority and actions of the bureau, including, but

14  not limited to, all pending and completed actions on orders

15  and rules, all enforcement matters, and delegations,

16  interagency agreements, and contracts with federal, state,

17  regional, and local governments and private entities relating

18  to regulation and administration of mobile homes, are hereby

19  transferred to the Bureau of Factory-built Housing of the

20  Department of Community Affairs.

21         (2)  The Department of Community Affairs and the

22  Department of Highway Safety and Motor Vehicles shall have the

23  authority to enter into interagency agreements with each other

24  concerning any matter affected by the transfer of the Bureau

25  of Mobile Home and Recreational Vehicle Construction to the

26  Department of Community Affairs to promote the efficient and

27  effective operation of both departments.

28         Section 4.  (1)  Effective July 1, 1998, the portion of

29  the Mobile Home and Recreational Vehicle Protection Trust Fund

30  created under s. 320.781, Florida Statutes, relating to mobile

31  homes is transferred to the Operating Trust Fund of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1  Department of Community Affairs to be administered and managed

 2  by the Bureau of Factory-built Housing of the Department of

 3  Community Affairs pursuant to s. 553.433, Florida Statutes.

 4         (2)  Effective July 1, 1998, that portion of the

 5  Highway Safety Operating Trust Fund, created under s. 318.39,

 6  Florida Statutes, and into which fees and penalties relating

 7  to mobile home regulation, manufacture, licensure, and

 8  installation, are deposited, and all fees and penalties that

 9  are deposited into the General Revenue Fund, are transferred

10  to the Operating Trust Fund of the Department of Community

11  Affairs to be administered and managed by the Bureau of

12  Factory-built Housing.

13         Section 5.  Effective July 1, 1998, all statutory

14  powers, duties, and functions of the Department of Highway

15  Safety and Motor Vehicles relating to the regulation or

16  licensing of mobile home manufacturers, dealers or installers,

17  are transferred to the Bureau of Factory-built Housing of the

18  Department of Community Affairs. 

19         Section 6.  Subsection (2) of section 320.8235, Florida

20  Statutes, is amended to read:

21         320.8325  Mobile homes and park trailers; tie-down

22  requirements; minimum installation standards; injunctions;

23  penalty.--

24         (2)  The Department of Community Affairs department

25  shall promulgate rules and regulations setting forth minimum

26  standards for the manufacture and or installation of

27  manufactured housing installation systems, composed of

28  anchors, buckles, straps, stabilizer plates, and piers or

29  other requirements mandated by a manufacturer's installation

30  manual. anchors, tie-downs, over-the-roof ties, or other

31  reliable methods of securing mobile homes or park trailers

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1  when over-the-roof ties are not suitable due to factors such

 2  as unreasonable cost, design of the mobile home or park

 3  trailer, or potential damage to the mobile home or park

 4  trailer.  Such systems devices required under this section,

 5  when properly installed, shall insure a manufactured home

 6  remains secured to the ground when subjected to winds equal to

 7  or less than their HUD code design criteria and shall cause

 8  the mobile home or park trailer to resist wind overturning and

 9  sliding.  In promulgating such Such rules and regulations, the

10  Department of Community Affairs may make such discriminations

11  regarding mobile home or park trailer tie-down requirements

12  shall be reasonably related to the as are reasonable when

13  factors such as age, and windzone of the manufactured housing.

14  location, and practicality of tying down a mobile home or park

15  trailer are considered.  The Department of Community Affairs

16  shall also develop standards for installation and anchoring

17  systems for park trailers.  Fees and civil penalties collected

18  by the Department of Community Affairs pursuant to s. 320.8325

19  shall be deposited into a trust fund for the use by the

20  Department of Community Affairs for the testing of

21  manufactured housing installation systems and their individual

22  components to insure that such products being delivered to

23  consumers in this state meet the wind design criteria adopted

24  by the Department of Community Affairs.

25         Section 7.  When mobile homeowners in a mobile home

26  park obtain evaluations of the wind resistance of their mobile

27  homes and make improvements in accordance thereto using funds

28  from the General Appropriations Act pursuant to s. 627.0629,

29  the applicable local, county, or municipal government may

30  charge only one building permit or any other applicable fee or

31  change, not to exceed the usual permit fee or charge that

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1  would have applied to a single mobile homeowner, for the

 2  entire mobile home park in which such evaluations are being

 3  performed.

 4

 5  (Redesignate subsequent sections.)

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 2, line 22, after the semicolon

11

12  insert:

13         amending s. 20.18, F.S.; creating the Bureau of

14         Factory-built Housing in the Department of

15         Community Affairs; providing powers and duties

16         of the bureau; transferring certain powers,

17         duties, and assets, of the Bureau of Mobile

18         Home and Recreational Vehicle Construction of

19         the Department of Highway Safety and Motor

20         Vehicles to the Bureau of Factory-built

21         Housing; authorizing interagency agreements;

22         transferring certain portions of the Mobile

23         Home and Recreational Vehicle Protection Trust

24         Fund to the Operating Trust Fund of the

25         Department of Community Affairs; transferring

26         certain portions of the Highway Safety

27         Operating Trust Fund and certain other fees and

28         penalties to the Operating Trust Fund of the

29         Department of Community Affairs; transferring

30         certain statutory powers, duties, and functions

31         of the Department of Highway Safety and Motor

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1         Vehicles to the Bureau of Factory-built Housing

 2         of the Department of Community Affairs;

 3         amending s. 320.8325, F.S.; providing for the

 4         adoption of rules relating to manufactured

 5         housing installation systems, and for the

 6         development of standards for park trailers;

 7         limiting the power of certain local governments

 8         to charge certain permit fees relating to

 9         mobile home parks;

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