House Bill 0623

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    Florida House of Representatives - 1999                 HB 623

        By Representatives Posey, Gay, Fasano, Jones, Kelly,
    Detert, Russell, Putnam, Byrd, Brown, Brummer, Farkas,
    Morroni, Bainter, Murman, Fiorentino, Ball, Jacobs and
    Constantine



  1                      A bill to be entitled

  2         An act relating to factory-built housing

  3         safety; amending s. 20.18, F.S.; creating the

  4         Division of Factory-built Housing in the

  5         Department of Community Affairs; providing a

  6         mission statement for the department;

  7         transferring certain powers, duties, functions,

  8         personnel, property, and appropriations of the

  9         department to the division; transferring

10         certain powers, duties, functions, personnel,

11         property, and appropriations of the Department

12         of Highway Safety and Motor Vehicles to the

13         division; authorizing the Department of

14         Community Affairs and the Department of Highway

15         Safety and Motor Vehicles to enter into

16         agreements to effectuate such transfers;

17         providing for transfer of the mobile home

18         portion of the Mobile Home and Recreational

19         Vehicle Protection Trust Fund into the

20         department's operating trust fund for certain

21         purposes; transferring the portion of the

22         Highway Safety Operating Trust Fund relating to

23         mobile homes into the department's operating

24         trust fund for certain purposes; amending s.

25         320.781, F.S., to conform; amending s. 553.36,

26         F.S.; providing a definition; amending s.

27         553.38, F.S.; providing responsibility of the

28         Division of Factory-built Housing to administer

29         part IV of chapter 553, F.S.; creating ss.

30         553.431, 553.4315, 553.433, 553.434, 553.435,

31         553.4365, 553.437, 553.438, 553.446, 553.448,

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  1         553.449, 553.450, 553.451, 553.452, 553.453,

  2         553.455, 553.456, 553.457, and 553.458, F.S.;

  3         recreating certain provisions under chapter

  4         320, F.S., within part IV of chapter 553, F.S.,

  5         to conform; transferring and renumbering ss.

  6         320.823, 320.8335, and 320.840, F.S., to

  7         conform; transferring, renumbering, and

  8         amending ss. 320.77, 320.8255, 320.827,

  9         320.8285, 320.830, 320.831, 320.8325, F.S., to

10         conform; requiring the division to adopt rules

11         on manufactured housing installation systems;

12         requiring the development of certain standards

13         for park trailers; renumbering and amending s.

14         320.8249, F.S., to conform; limiting certain

15         local government ability to charge certain

16         permit fees relating to mobile home parks;

17         amending ss. 161.55, 316.515, 319.001, 320.131,

18         320.27, 320.28, 320.71, 320.822, 320.8225,

19         320.8231, 320.8232, 320.824, 320.8245,

20         320.8256, 320.834, 320.835, 320.865, 325.202,

21         325.203, 325.213, 627.351, and 627.702, F.S.,

22         to conform; providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Paragraph (d) is added to subsection (2) of

27  section 20.18, Florida Statutes, 1998 Supplement, and

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

29         20.18  Department of Community Affairs.--There is

30  created a Department of Community Affairs.

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

  2  Affairs are established:

  3         (d)  Division of Factory-built Housing.

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

  5  agency responsible for ensuring that there is adequate

  6  affordable housing in this state through the use of

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

  8  strictly observed by manufacturers, and that the state code

  9  for manufactured buildings is an efficient method for

10  providing manufactured buildings to residents of this state.

11  The department shall also be the agency responsible for the

12  installation of mobile homes and manufactured buildings to

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

14  possible with respect to destructive weather.

15         Section 2.  The powers, duties, responsibilities,

16  functions, records, personnel, property, and unexpended

17  balances of appropriations, allocations, or other funds within

18  the Department of Community Affairs relating to

19  administration, implementation, and enforcement of part IV of

20  chapter 553, Florida Statutes, is hereby transferred to the

21  Division of Factory-built Housing of the department.

22         Section 3.  (1)  All statutory powers, duties,

23  functions, records, personnel, property, and unexpended

24  balances of appropriations, allocations, or other funds of the

25  Bureau of Mobile Home and Recreational Vehicle Construction of

26  the Department of Highway Safety and Motor Vehicles relating

27  to regulation and administration of mobile homes, and all

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

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

30  and rules, all enforcement matters, and delegations,

31  interagency agreements, and contracts with federal, state,

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  1  regional, and local governments and private entities relating

  2  to regulation and administration of mobile homes, are hereby

  3  transferred to the Division of Factory-built Housing of the

  4  Department of Community Affairs.

  5         (2)  The Department of Community Affairs and the

  6  Department of Highway Safety and Motor Vehicles shall have the

  7  authority to enter into interagency agreements with each other

  8  concerning any matter affected by the transfer of the Bureau

  9  of Mobile Home and Recreational Vehicle Construction to the

10  Department of Community Affairs to promote the efficient and

11  effective operation of both departments.

12         Section 4.  (1)  The portion of the Mobile Home and

13  Recreational Vehicle Protection Trust Fund created under s.

14  320.781, Florida Statutes, relating to mobile homes is

15  transferred to the Operating Trust Fund of the Department of

16  Community Affairs to be administered and managed by the

17  Division of Factory-built Housing of the Department of

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

19         (2)  That portion of the Highway Safety Operating Trust

20  Fund, created under s. 318.39, Florida Statutes, and into

21  which fees and penalties relating to mobile home regulation,

22  manufacture, licensure, and installation are deposited, is

23  transferred to the Operating Trust Fund of the Department of

24  Community Affairs to be administered and managed by the

25  Division of Factory-built Housing for the purposes of part IV

26  of chapter 553, Florida Statutes.

27         Section 5.  Section 320.781, Florida Statutes, is

28  amended to read:

29         320.781  Mobile Home and Recreational Vehicle

30  Protection Trust Fund.--

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  1         (1)  There is hereby established a Mobile Home and

  2  Recreational Vehicle Protection Trust Fund.  The trust fund

  3  shall be administered and managed by the Department of Highway

  4  Safety and Motor Vehicles.  The expenses incurred by the

  5  department in administering this section shall be paid only

  6  from appropriations made from the trust fund.

  7         (2)  Beginning October 1, 1990, the department shall

  8  charge and collect an additional fee of $1 for each new mobile

  9  home and new recreational vehicle title transaction for which

10  it charges a fee.  This additional fee shall be deposited into

11  the trust fund.  The Department of Highway Safety and Motor

12  Vehicles shall charge a fee of $40 per annual dealer and

13  manufacturer license and license renewal, which shall be

14  deposited into the trust fund. The sums deposited in the trust

15  fund shall be used exclusively for carrying out the purposes

16  of this section.  These sums may be invested and reinvested by

17  the Treasurer under the same limitations as apply to

18  investment of other state funds, with all interest from these

19  investments deposited to the credit of the trust fund.

20         (3)  The trust fund shall be used to satisfy any

21  judgment by any person, as provided by this section, against a

22  mobile home or recreational vehicle dealer or broker for

23  damages, restitution, or expenses, including reasonable

24  attorney's fees, resulting from a cause of action directly

25  related to the conditions of any written contract made by him

26  or her in connection with the sale, exchange, or improvement

27  of any mobile home or recreational vehicle, or for any

28  violation of chapter 319 or this chapter.

29         (4)  The trust fund shall not be liable for any

30  judgment, or part thereof, resulting from any tort claim

31  except as expressly provided in subsection (3), nor for any

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  1  punitive, exemplary, double, or treble damages.  A person, the

  2  state, or any political subdivision thereof may recover

  3  against the mobile home or recreational vehicle dealer,

  4  broker, or surety, jointly and severally, for such damages,

  5  restitution, or expenses; provided, however, that in no event

  6  shall the trust fund or the surety be liable for an amount in

  7  excess of actual damages, restitution, or expenses.

  8         (5)  Subject to the limitations and requirements of

  9  this section, the trust fund shall be used by the department

10  to compensate persons who have unsatisfied judgments, or in

11  certain limited circumstances unsatisfied claims, against a

12  mobile home or recreational vehicle dealer or broker in one of

13  the following situations:

14         (a)  The claimant has obtained a final judgment which

15  is unsatisfied against the mobile home or recreational vehicle

16  dealer or broker or its surety jointly and severally, or

17  against the mobile home dealer or broker only, if the court

18  found that the surety was not liable due to prior payment of

19  valid claims against the bond in an amount equal to, or

20  greater than, the face amount of the applicable bond.

21         (b)  The claimant has obtained a judgment against the

22  surety of the mobile home or recreational vehicle dealer or

23  broker that is unsatisfied.

24         (c)  The claimant has alleged a claim against the

25  mobile home or recreational vehicle dealer or broker in a

26  lawsuit which has been stayed or discharged as a result of the

27  filing for reorganization or discharge in bankruptcy by the

28  dealer or broker, and judgment against the surety is not

29  possible because of the bankruptcy or liquidation of the

30  surety, or because the surety has been found by a court of

31  competent jurisdiction not to be liable due to prior payment

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  1  of valid claims against the bond in an amount equal to, or

  2  greater than, the face amount of the applicable bond.

  3         (6)  In order to recover from the trust fund, the

  4  person must file an application and verified claim with the

  5  department.

  6         (a)  If the claimant has obtained a judgment which is

  7  unsatisfied against the mobile home or recreational vehicle

  8  dealer or broker or its surety as set forth in this section,

  9  the verified claim must specify the following:

10         1.a.  That the judgment against the mobile home or

11  recreational vehicle dealer or broker and its surety has been

12  entered; or

13         b.  That the judgment against the mobile home or

14  recreational vehicle dealer or broker contains a specific

15  finding that the surety has no liability, that execution has

16  been returned unsatisfied, and that a judgment lien has been

17  perfected;

18         2.  The amount of actual damages broken down by

19  category as awarded by the court or jury in the cause which

20  resulted in the unsatisfied judgment, and the amount of

21  attorney's fees set forth in the unsatisfied judgment;

22         3.  The amount of payment or other consideration

23  received, if any, from the mobile home or recreational vehicle

24  dealer or broker or its surety;

25         4.  The amount that may be realized, if any, from the

26  sale of real or personal property or other assets of the

27  judgment debtor liable to be sold or applied in satisfaction

28  of the judgment and the balance remaining due on the judgment

29  after application of the amount which has been realized and a

30  certification that the claimant has made a good faith effort

31  to collect the judgment; and

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  1         5.  Such other information as the department requires.

  2         (b)  If the claimant has alleged a claim as set forth

  3  in paragraph (5)(c) and for the reasons set forth therein has

  4  not been able to secure a judgment, the verified claim must

  5  contain the following:

  6         1.  A true copy of the pleadings in the lawsuit which

  7  was stayed or discharged by the bankruptcy court and the order

  8  of the bankruptcy court staying those proceedings;

  9         2.  Allegations of the acts or omissions by the mobile

10  home or recreational vehicle dealer or broker setting forth

11  the specific acts or omissions complained of which resulted in

12  actual damage to the person, along with the actual dollar

13  amount necessary to reimburse or compensate the person for

14  costs or expenses resulting from the acts or omissions of

15  which the person complained;

16         3.  True copies of all purchase agreements, notices,

17  service or repair orders or papers or documents of any kind

18  whatsoever which the person received in connection with the

19  purchase, exchange, or lease-purchase of the mobile home or

20  recreational vehicle from which the person's cause of action

21  arises; and

22         4.  Such other information as the department requires.

23         (c)  The department may require such proof as it deems

24  necessary to document the matters set forth in the claim.

25         (7)  Within 90 days after receipt of the application

26  and verified claim, the department shall issue its

27  determination on the claim.  Such determination shall not be

28  subject to the provisions of chapter 120, but shall be

29  reviewable only by writ of certiorari in the circuit court in

30  the county in which the claimant resides in the manner and

31  within the time provided by the Florida Rules of Appellate

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  1  Procedure.  The claim must be paid within 45 days after the

  2  determination, or, if judicial review is sought, within 45

  3  days after the review becomes final.  A person may not be paid

  4  an amount from the fund in excess of $25,000 per mobile home

  5  or recreational vehicle.  Prior to payment, the person must

  6  execute an assignment to the department of all the person's

  7  rights and title to, and interest in, the unsatisfied judgment

  8  and judgment lien or the claim against the dealer or broker

  9  and its surety.

10         (8)  The department, in its discretion and where

11  feasible, may try to recover from the mobile home or

12  recreational vehicle dealer or broker, or the judgment debtor

13  or its surety, all sums paid to persons from the trust fund.

14  Any sums recovered shall be deposited to the credit of the

15  trust fund. The department shall be awarded a reasonable

16  attorney's fee for all actions taken to recover any sums paid

17  to persons from the trust fund pursuant to this section.

18         (9)  This section does not apply to any claim, and a

19  person may not recover against the trust fund as the result of

20  any claim, against a mobile home or recreational vehicle

21  dealer or broker resulting from a cause of action directly

22  related to the sale, lease-purchase, exchange, brokerage, or

23  installation of a mobile home or recreational vehicle prior to

24  October 1, 1990.

25         (10)  Neither the department, nor the trust fund shall

26  be liable to any person for recovery if the trust fund does

27  not have the moneys necessary to pay amounts claimed.  If the

28  trust fund does not have sufficient assets to pay the

29  claimant, it shall log the time and date of its determination

30  for payment to a claimant.  If moneys become available, the

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  1  department shall pay the claimant whose unpaid claim is the

  2  earliest by time and date of determination.

  3         (11)  It is unlawful for any person or his or her agent

  4  to file any notice, statement, or other document required

  5  under this section which is false or contains any material

  6  misstatement of fact.  Any person who violates this subsection

  7  is guilty of a misdemeanor of the second degree, punishable as

  8  provided in s. 775.082 or s. 775.083.

  9         Section 6.  Subsections (7), (8), (9), (10), (11),

10  (12), (13), and (14) of section 553.36, Florida Statutes, are

11  renumbered as subsections (8), (9), (10), (11), (12), (13),

12  (14), and (15), respectively, and new subsection (7) is added

13  to said section, to read:

14         553.36  Definitions.--The definitions contained in this

15  section govern the construction of this part unless the

16  context otherwise requires.

17         (7)  "Division" means the Division of Factory-built

18  Housing of the department.

19         Section 7.  Section 553.38, Florida Statutes, is

20  amended to read:

21         553.38  Application and scope.--

22         (1)  The department, through the division, shall adopt

23  promulgate rules which protect the health, safety, and

24  property of the people of this state by assuring that each

25  manufactured building is structurally sound and properly

26  installed on site and that plumbing, heating, electrical, and

27  other systems thereof are reasonably safe, and which interpret

28  and make specific the provisions of this part.

29         (2)  The division department shall enforce every

30  provision of this part and the rules adopted pursuant hereto,

31  except that local land use and zoning requirements, fire

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  1  zones, building setback requirements, side and rear yard

  2  requirements, site development requirements, property line

  3  requirements, subdivision control, and onsite installation

  4  requirements, as well as the review and regulation of

  5  architectural and aesthetic requirements, are specifically and

  6  entirely reserved to local authorities.  Such local

  7  requirements and rules which may be enacted by local

  8  authorities must be reasonable and uniformly applied and

  9  enforced without any distinction as to whether a building is a

10  conventionally constructed or manufactured building.  A local

11  government shall require permit fees only for those

12  inspections actually performed by the local government for the

13  installation of a factory-built structure.  Such fees shall be

14  equal to the amount charged for similar inspections on

15  conventionally built housing.

16         (3)  The division shall be responsible for

17  administering, implementing, and enforcing the provisions of

18  this part.

19         Section 8.  Section 553.431, Florida Statutes, is

20  created to read:

21         553.431  Nonresident mobile home dealer's license.--

22         (1)  Any person who is a nonresident of the state, who

23  does not have a dealer's contract from the manufacturer or

24  manufacturer's distributor of mobile homes authorizing the

25  sale thereof in definite Florida territory, and who sells or

26  engages in the business of selling said vehicles at retail

27  within the state shall register with the Department of Revenue

28  for a sales tax dealer registration number and comply with

29  chapter 212, and pay a license tax of $2,000 per annum in each

30  county where such sales are made; $1,250 of said tax shall be

31  transmitted to the Department of Banking and Finance to be

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  1  deposited in the General Revenue Fund of the state, and $750

  2  thereof shall be returned to the county.  The license tax

  3  shall cover the period from January 1 to the following

  4  December 31, and no such license shall be issued for any

  5  fractional part of a year.

  6         (2)  The acceptance by any person of a license under

  7  this section shall be deemed equivalent to an appointment by

  8  such person of the Secretary of State as the agent of such

  9  person upon whom may be served all lawful process in any

10  action, suit, or proceeding against such person arising out of

11  any transaction or operation connected with or incidental to

12  any activities of such person carried on under such license,

13  and the acceptance of such license shall be signification of

14  the agreement of such person that any process against the

15  person which is so served shall be of the same legal force and

16  validity as if served personally on him or her. Service of

17  such process shall be in accordance with and in the same

18  manner as now provided for service of process upon

19  nonresidents under the provisions of chapter 48.

20         Section 9.  Section 553.4315, Florida Statutes, is

21  created to read:

22         553.4315  Nonresident dealers in secondhand mobile

23  homes.--Every dealer in used or secondhand mobile homes who is

24  a nonresident of the state, does not have a permanent place of

25  business in this state, and has not qualified as a dealer

26  under the provisions of s. 553.432, and any person other than

27  a dealer qualified under the provisions of s. 553.432, who

28  brings any used or secondhand mobile home into the state for

29  the purpose of sale, except to a dealer licensed under the

30  provisions of s. 553.432, shall, at least 10 days prior to the

31  sale of said mobile home, the offering of said mobile home for

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  1  sale, or the advertising of said mobile home for sale, make

  2  and file with the division the official application for a

  3  certificate of title for said mobile home as provided by law.

  4  Any person who has had one or more transactions involving the

  5  sale of three or more used or secondhand mobile homes in this

  6  state during any 12-month period shall be deemed to be a

  7  secondhand dealer in mobile homes.

  8         Section 10.  Section 320.77, Florida Statutes, is

  9  transferred and renumbered as section 553.432, Florida

10  Statutes, and is amended to read:

11         553.432 320.77  License required of mobile home

12  dealers.--

13         (1)  DEFINITIONS.--As used in this section:

14         (a)  "Dealer" means any person engaged in the business

15  of buying, selling, or dealing in mobile homes or offering or

16  displaying mobile homes for sale.  The term "dealer" includes

17  a mobile home broker. Any person who buys, sells, deals in, or

18  offers or displays for sale, or who acts as the agent for the

19  sale of, one or more mobile homes in any 12-month period shall

20  be prima facie presumed to be a dealer. The terms "selling"

21  and "sale" include lease-purchase transactions. The term

22  "dealer" does not include banks, credit unions, and finance

23  companies that acquire mobile homes as an incident to their

24  regular business and does not include mobile home rental and

25  leasing companies that sell mobile homes to dealers licensed

26  under this section. A licensed dealer may transact business in

27  recreational vehicles with a motor vehicle auction as defined

28  in s. 320.27(1)(c)4.  Any licensed dealer dealing exclusively

29  in mobile homes shall not have benefit of the privilege of

30  using dealer license plates.

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  1         (b)  "Mobile home broker" means any person who is

  2  engaged in the business of offering to procure or procuring

  3  used mobile homes for the general public; who holds himself or

  4  herself out through solicitation, advertisement, or otherwise

  5  as one who offers to procure or procures used mobile homes for

  6  the general public; or who acts as the agent or intermediary

  7  on behalf of the owner or seller of a used mobile home which

  8  is for sale or who assists or represents the seller in finding

  9  a buyer for the mobile home.

10         (2)  LICENSE REQUIRED.--No person shall engage in

11  business as, or serve in the capacity of, a dealer in this

12  state unless such person possesses a valid, current license as

13  provided in this section.

14         (3)  APPLICATION.--The application for such license

15  shall be in the form prescribed by the division department and

16  subject to such rules as may be prescribed by it.  The

17  application shall be verified by oath or affirmation and shall

18  contain:

19         (a)  A full statement of the name and the date of birth

20  of the person or persons applying therefor.

21         (b)  The name of the firm or copartnership with the

22  names and places of residence of all its members, if the

23  applicant is a firm or copartnership.

24         (c)  The names and places of residence of the principal

25  officers, if the applicant is a body corporate or other

26  artificial body.

27         (d)  The name of the state under whose laws the

28  corporation is organized.

29         (e)  The former place or places of residence of the

30  applicant.

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  1         (f)  The prior businesses in which the applicant has

  2  been engaged, the dates during which the applicant was engaged

  3  in such businesses, and the locations thereof.

  4         (g)  A description of the exact location of the place

  5  of business, when it was acquired, and whether it is owned in

  6  fee simple by the applicant. If leased, a true copy of the

  7  lease shall be attached to the application.

  8         (h)  Certification by the applicant that the location

  9  is a permanent one, not a tent or a temporary stand or other

10  temporary quarters; and, except in the case of a mobile home

11  broker, that the location affords sufficient unoccupied space

12  to store all mobile homes offered and displayed for sale; and

13  that the location is a suitable place in which the applicant

14  can in good faith carry on business and keep and maintain

15  books, records, and files necessary to conduct such business,

16  which will be available at all reasonable hours to inspection

17  by the department or any of its inspectors or other employees.

18  This subsection shall not preclude a licensed mobile home

19  dealer from displaying and offering for sale mobile homes in a

20  mobile home park.

21         (i)  Certification by the applicant that the business

22  of a mobile home dealer is the principal business which shall

23  be conducted at that location; however, this provision shall

24  not apply to mobile home park operators licensed as mobile

25  home dealers.

26         (j)  Such other relevant information as may be required

27  by the division department. Each applicant, general partner in

28  the case of a partnership, or corporate officer and director

29  in the case of a corporate applicant, must file a set of

30  fingerprints with the division department for the purpose of

31  determining any prior criminal record or any outstanding

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  1  warrants.  The division department shall submit the

  2  fingerprinting to the Department of Law Enforcement for state

  3  processing and forwarding to the Federal Bureau of

  4  Investigation for federal processing.  The actual cost of such

  5  state and federal processing shall be borne by the applicant

  6  and is to be in addition to the fee for licensure. The

  7  division department may issue a license to an applicant

  8  pending the results of the fingerprint investigation, which

  9  license is fully revocable if the division department

10  subsequently determines that any facts set forth in the

11  application are not true or correctly represented.

12

13  The division department shall, if it deems necessary, cause an

14  investigation to be made to ascertain if the facts set forth

15  in the application are true and shall not issue a license to

16  the applicant until it is satisfied that the facts set forth

17  in the application are true.

18         (4)  FEES.--Upon making initial application, the

19  applicant shall pay to the division department a fee of $300

20  in addition to any other fees now required by law.  The fee

21  for renewal application shall be $100.  The fee for

22  application for change of location shall be $25.  Any

23  applicant for renewal who has failed to submit his or her

24  renewal application by October 1 shall pay a renewal

25  application fee equal to the original application fee.  No fee

26  is refundable. All fees shall be deposited into the General

27  Revenue Fund.

28         (5)  DENIAL OF LICENSE.--The division department may

29  deny any applicant a license on the ground that:

30         (a)  The applicant has made a material misstatement in

31  his or her application for a license.

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  1         (b)  The applicant has failed to comply with any

  2  applicable provision of this part chapter.

  3         (c)  The applicant has failed to provide warranty

  4  service.

  5         (d)  The applicant or one or more of his or her

  6  principals or agents has violated any law, rule, or regulation

  7  relating to the sale of mobile homes.

  8         (e)  The division department has proof of unfitness of

  9  the applicant.

10         (f)  The applicant or licensee has engaged in previous

11  conduct in any state which would have been a ground for

12  revocation or suspension of a license in this state.

13         (g)  The applicant or licensee has violated any of the

14  provisions of the National Mobile Home Construction and Safety

15  Standards Act of 1974 or any rule or regulation of the

16  Department of Housing and Urban Development adopted

17  promulgated thereunder.

18

19  Upon denial of a license, the division department shall notify

20  the applicant within 10 days, stating in writing its grounds

21  for denial.  The applicant is entitled to a public hearing and

22  may request that such hearing be held within 45 days of denial

23  of the license.  All proceedings shall be pursuant to chapter

24  120.

25         (6)  LICENSE CERTIFICATE.--A license certificate shall

26  be issued by the division department in accordance with the

27  application when the same is regular in form and in compliance

28  with the provisions of this section.  The license certificate

29  may be in the form of a document or a computerized card as

30  determined by the division department. The cost of each

31  original, additional, or replacement computerized card shall

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  1  be borne by the licensee and is in addition to the fee for

  2  licensure.  The fees charged applicants for both the required

  3  background investigation and the computerized card as provided

  4  in this section shall be deposited into the department's

  5  Highway Safety Operating Trust Fund. The license, when so

  6  issued, shall entitle the licensee to carry on and conduct the

  7  business of a mobile home dealer at the location set forth in

  8  the license for a period of 1 year from October 1 preceding

  9  the date of issuance. Each initial application received by the

10  division department shall be accompanied by verification that,

11  within the preceding 6 months, the applicant or one or more of

12  his or her designated employees has attended a training and

13  information seminar conducted by the division department or by

14  a public or private provider approved by the division

15  department. Such seminar shall include, but not be limited to,

16  statutory dealer requirements, which requirements include

17  required bookkeeping and recording procedures, requirements

18  for the collection of sales and use taxes, and such other

19  information that in the opinion of the division department

20  will promote good business practices.

21         (7)  SUPPLEMENTAL LICENSE.--Any person licensed

22  pursuant to this section shall be entitled to operate one or

23  more additional places of business under a supplemental

24  license for each such business if the ownership of each

25  business is identical to that of the principal business for

26  which the original license is issued. Each supplemental

27  license shall run concurrently with the original license and

28  shall be issued upon application by the licensee on a form to

29  be furnished by the division department and payment of a fee

30  of $50 for each such license.  Only one licensed dealer shall

31  operate at the same place of business.  A supplemental license

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  1  authorizing off-premises sales shall be issued, at no charge

  2  to the dealer, for a period not to exceed 10 consecutive

  3  calendar days.

  4         (8)  RECORDS TO BE KEPT BY LICENSEE.--Each licensee

  5  shall keep records in such form as shall be prescribed by the

  6  division department. Such records shall include:

  7         (a)  A record of the purchase, sale, or exchange, or

  8  receipt for the purpose of sale, of any mobile home;

  9         (b)  The description of each such mobile home,

10  including the identification or serial number and such other

11  numbers or identification marks as may be thereon, and a

12  statement that a number has been obliterated, defaced, or

13  changed, if such fact is apparent; and

14         (c)  The name and address of the seller, the purchaser,

15  and the alleged owner or other person from whom the mobile

16  home was purchased or received and the person to whom it was

17  sold or delivered, as the case may be.

18         (9)  EVIDENCE OF TITLE REQUIRED.--The licensee shall

19  also have in his or her possession for each new mobile home a

20  manufacturer's invoice or statement of origin, and for each

21  used mobile home a properly assigned certificate of title or

22  registration certificate if the used mobile home was

23  previously registered in a nontitle state, from the time the

24  mobile home is delivered to the licensee until it has been

25  disposed of by him or her.

26         (10)  SETUP OPERATIONS.--Each licensee may perform

27  setup operations only as defined in s. 553.434 320.822, and

28  the division department shall provide by rule for the uniform

29  application of all existing statutory provisions relating to

30  licensing and setup operations.

31

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  1         (11)  PENALTY.--The violation of any provision of this

  2  section is a misdemeanor of the second degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         (12)  INJUNCTION.--In addition to the remedies provided

  5  in this chapter, and notwithstanding the existence of any

  6  adequate remedy at law, the division department is authorized

  7  to make application to any circuit court of the state, and the

  8  circuit court shall have jurisdiction, upon a hearing and for

  9  cause shown, to grant a temporary or permanent injunction

10  restraining any person from acting as a mobile home dealer

11  under the terms of this section who is not properly licensed

12  or who violates or fails or refuses to comply with any of the

13  provisions of chapter 319 and this part chapter or any rule or

14  regulation adopted thereunder. Such injunction shall be issued

15  without bond. A single act in violation of the provisions of

16  chapter 319 or this part chapter shall be sufficient to

17  authorize the issuance of an injunction.

18         (13)  SUSPENSION OR REVOCATION.--The division

19  department shall, as it deems necessary, either suspend or

20  revoke any license issued hereunder upon a finding that the

21  licensee violated any provision of this section or of any

22  other law of this state having to do with dealing in mobile

23  homes or perpetrated a fraud upon any person as a result of

24  such dealing in mobile homes.

25         (14)  ADMINISTRATIVE FINES.--In addition to the

26  exercise of other powers provided in this section, the

27  division department is authorized to assess, impose, levy, and

28  collect by legal process fines, in an amount not to exceed

29  $1,000 for each violation, against any licensee if it finds

30  that a licensee has violated any provision of this section or

31  has violated any other law of this state having to do with

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  1  dealing in mobile homes motor vehicles. Any licensee shall be

  2  entitled to a hearing pursuant to chapter 120 should the

  3  licensee wish to contest the fine levied, or about to be

  4  levied, upon him or her.

  5         (15)  BOND.--

  6         (a)  Before any license shall be issued or renewed, the

  7  applicant shall deliver to the division department a good and

  8  sufficient surety bond, executed by the applicant as principal

  9  and by a surety company qualified to do business in the state

10  as surety.  The bond shall be in a form to be approved by the

11  division department and shall be conditioned upon the dealer's

12  complying with the conditions of any written contract made by

13  the dealer in connection with the sale, exchange, or

14  improvement of any mobile home and his or her not violating

15  any of the provisions of chapter 319 or this part chapter in

16  the conduct of the business for which the dealer is licensed.

17  The bond shall be to the division department and in favor of

18  any retail customer who shall suffer any loss as a result of

19  any violation of the conditions hereinabove contained.  The

20  bond shall be for the license period, and a new bond or a

21  proper continuation certificate shall be delivered to the

22  division department at the beginning of each license period.

23  However, the aggregate liability of the surety in any one

24  license year shall in no event exceed the sum of such bond.

25  The amount of the bond required shall be as follows:

26         1.  A single dealer who buys, sells, or deals in mobile

27  homes and who has four or fewer supplemental licenses shall

28  provide a surety bond in the amount of $25,000.

29         2.  A single dealer who buys, sells, or deals in mobile

30  homes and who has more than four supplemental licenses shall

31  provide a surety bond in the amount of $50,000.

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  1

  2  For the purposes of this paragraph, any person who buys,

  3  sells, or deals in both mobile homes and recreational vehicles

  4  shall provide the same surety bond required of dealers who

  5  buy, sell, or deal in mobile homes only.

  6         (b)  The division department shall, upon denial,

  7  suspension, or revocation of any license, notify the surety

  8  company of the licensee, in writing, that the license has been

  9  denied, suspended, or revoked and shall state the reason for

10  such denial, suspension, or revocation.

11         (c)  Any surety company which pays any claim against

12  the bond of any licensee shall notify the division department,

13  in writing, that it has paid such a claim and shall state the

14  amount of the claim.

15         (d)  Any surety company which cancels the bond of any

16  licensee shall notify the division department, in writing, of

17  such cancellation, giving reason for the cancellation.

18         Section 11.  Section 553.433, Florida Statutes, is

19  created to read:

20         553.433  Factory-built housing judgment liability.--

21         (1)  The expenses incurred by the division in

22  administering this section shall be paid only from

23  appropriations made from the department's operating trust fund

24  from moneys deposited into such fund pursuant to this section.

25         (2)  Beginning January 1, 2000, the division shall

26  charge and collect an additional fee of $1 for each new mobile

27  home transaction for which it charges a fee.  This additional

28  fee shall be deposited into the department's operating trust

29  fund.  The division shall charge a fee of $40 per annual

30  dealer and manufacturer license and license renewal, which

31  shall be deposited into such fund. The sums deposited into

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  1  such fund pursuant to this section shall be used exclusively

  2  for carrying out the purposes of this section.  These sums may

  3  be invested and reinvested by the Treasurer under the same

  4  limitations as apply to investment of other state moneys, with

  5  all interest from these investments deposited to the credit of

  6  such fund.

  7         (3)  Moneys deposited into the department's operating

  8  trust fund under this section shall be used to satisfy any

  9  judgment by any person, as provided by this section, against a

10  mobile home dealer or broker for damages, restitution, or

11  expenses, including reasonable attorney's fees, resulting from

12  a cause of action directly related to the conditions of any

13  written contract made by him or her in connection with the

14  sale, exchange, or improvement of any mobile home, or for any

15  violation of this part.

16         (4)  The department's operating trust fund shall not be

17  liable for any judgment, or part thereof, resulting from any

18  tort claim except as expressly provided in subsection (3), nor

19  for any punitive, exemplary, double, or treble damages.  A

20  person, the state, or any political subdivision thereof may

21  recover against the mobile home dealer, broker, or surety,

22  jointly and severally, for such damages, restitution, or

23  expenses; provided, however, that in no event shall the such

24  fund or the surety be liable for an amount in excess of actual

25  damages, restitution, or expenses.

26         (5)  Subject to the limitations and requirements of

27  this section, moneys deposited into the department's operating

28  trust fund under this section shall be used by the division to

29  compensate persons who have unsatisfied judgments, or in

30  certain limited circumstances unsatisfied claims, against a

31

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  1  mobile home dealer or broker in one of the following

  2  situations:

  3         (a)  The claimant has obtained a final judgment which

  4  is unsatisfied against the mobile home dealer or broker or its

  5  surety jointly and severally, or against the mobile home

  6  dealer or broker only, if the court found that the surety was

  7  not liable due to prior payment of valid claims against the

  8  bond in an amount equal to, or greater than, the face amount

  9  of the applicable bond.

10         (b)  The claimant has obtained a judgment against the

11  surety of the mobile home dealer or broker that is

12  unsatisfied.

13         (c)  The claimant has alleged a claim against the

14  mobile home dealer or broker in a lawsuit which has been

15  stayed or discharged as a result of the filing for

16  reorganization or discharge in bankruptcy by the dealer or

17  broker, and judgment against the surety is not possible

18  because of the bankruptcy or liquidation of the surety, or

19  because the surety has been found by a court of competent

20  jurisdiction not to be liable due to prior payment of valid

21  claims against the bond in an amount equal to, or greater

22  than, the face amount of the applicable bond.

23         (6)  In order to recover from the department's

24  operating trust fund, the person must file an application and

25  verified claim with the division.

26         (a)  If the claimant has obtained a judgment which is

27  unsatisfied against the mobile home dealer or broker or its

28  surety as set forth in this section, the verified claim must

29  specify the following:

30         1.a.  That the judgment against the mobile home dealer

31  or broker and its surety has been entered; or

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  1         b.  That the judgment against the mobile home dealer or

  2  broker contains a specific finding that the surety has no

  3  liability, that execution has been returned unsatisfied, and

  4  that a judgment lien has been perfected;

  5         2.  The amount of actual damages broken down by

  6  category as awarded by the court or jury in the cause which

  7  resulted in the unsatisfied judgment, and the amount of

  8  attorney's fees set forth in the unsatisfied judgment;

  9         3.  The amount of payment or other consideration

10  received, if any, from the mobile home dealer or broker or its

11  surety;

12         4.  The amount that may be realized, if any, from the

13  sale of real or personal property or other assets of the

14  judgment debtor liable to be sold or applied in satisfaction

15  of the judgment and the balance remaining due on the judgment

16  after application of the amount which has been realized and a

17  certification that the claimant has made a good faith effort

18  to collect the judgment; and

19         5.  Such other information as the division requires.

20         (b)  If the claimant has alleged a claim as set forth

21  in paragraph (5)(c) and for the reasons set forth therein has

22  not been able to secure a judgment, the verified claim must

23  contain the following:

24         1.  A true copy of the pleadings in the lawsuit which

25  was stayed or discharged by the bankruptcy court and the order

26  of the bankruptcy court staying those proceedings;

27         2.  Allegations of the acts or omissions by the mobile

28  home dealer or broker setting forth the specific acts or

29  omissions complained of which resulted in actual damage to the

30  person, along with the actual dollar amount necessary to

31  reimburse or compensate the person for costs or expenses

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  1  resulting from the acts or omissions of which the person

  2  complained;

  3         3.  True copies of all purchase agreements, notices,

  4  service or repair orders or papers or documents of any kind

  5  whatsoever which the person received in connection with the

  6  purchase, exchange, or lease-purchase of the mobile home from

  7  which the person's cause of action arises; and

  8         4.  Such other information as the division requires.

  9         (c)  The division may require such proof as it deems

10  necessary to document the matters set forth in the claim.

11         (7)  Within 90 days after receipt of the application

12  and verified claim, the division shall issue its determination

13  on the claim.  Such determination shall not be subject to the

14  provisions of chapter 120, but shall be reviewable only by

15  writ of certiorari in the circuit court in the county in which

16  the claimant resides in the manner and within the time

17  provided by the Florida Rules of Appellate Procedure.  The

18  claim must be paid within 45 days after the determination, or,

19  if judicial review is sought, within 45 days after the review

20  becomes final.  A person may not be paid an amount from the

21  department's operating trust fund in excess of $25,000 per

22  mobile home.  Prior to payment, the person must execute an

23  assignment to the division of all the person's rights and

24  title to, and interest in, the unsatisfied judgment and

25  judgment lien or the claim against the dealer or broker and

26  its surety.

27         (8)  The division, in its discretion and where

28  feasible, may try to recover from the mobile home dealer or

29  broker, or the judgment debtor or its surety, all sums paid to

30  persons from the department's operating trust fund under this

31  section.  Any sums recovered shall be deposited to the credit

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  1  of such fund. The division shall be awarded a reasonable

  2  attorney's fee for all actions taken to recover any sums paid

  3  to persons from such fund pursuant to this section.

  4         (9)  This section does not apply to any claim, and a

  5  person may not recover against the department's operating

  6  trust fund as the result of any claim, against a mobile home

  7  dealer or broker resulting from a cause of action directly

  8  related to the sale, lease-purchase, exchange, brokerage, or

  9  installation of a mobile home prior to January 1, 2000.

10         (10)  Neither the division, nor the department's

11  operating trust fund shall be liable to any person for

12  recovery if such fund, from moneys deposited into the fund

13  under this section, does not have the moneys necessary to pay

14  amounts claimed.  If the fund does not have sufficient assets

15  to pay the claimant, it shall log the time and date of its

16  determination for payment to a claimant.  If moneys become

17  available pursuant this section, the division shall pay the

18  claimant whose unpaid claim is the earliest by time and date

19  of determination.

20         (11)  It is unlawful for any person or his or her agent

21  to file any notice, statement, or other document required

22  under this section which is false or contains any material

23  misstatement of fact.  Any person who violates this subsection

24  is guilty of a misdemeanor of the second degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         Section 12.  Section 553.434, Florida Statutes, is

27  created to read:

28         553.434  Definitions.--In construing ss.

29  553.434-553.458, unless the context otherwise requires, the

30  following words or phrases have the following meanings:

31

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  1         (1)  "Buyer" means a person who purchases at retail

  2  from a dealer or manufacturer a mobile home for his or her own

  3  use as a residence, or other related use.

  4         (2)  "Code" means the appropriate standards found in:

  5         (a)  The Federal Manufactured Housing Construction and

  6  Safety Standards for single-family mobile homes, adopted by

  7  the Department of Housing and Urban Development;

  8         (b)  The Uniform Standards Code approved by the

  9  American National Standards Institute, ANSI A-119.2 for

10  recreational vehicles and ANSI A-119.5 for park trailers or

11  the United States Department of Housing and Urban Development

12  standard for park trailers certified as meeting that standard;

13  or

14         (c)  The Mobile Home Repair and Remodeling Code and

15  Used Recreational Vehicle Code.

16         (3)  "Construction" means the minimum requirements for

17  materials, products, equipment, and workmanship needed to

18  assure that the mobile home will provide structural strength

19  and rigidity; protection against corrosion, decay, and other

20  similar destructive forces; resistance to the elements; and

21  durability and economy of maintenance.

22         (4)  "Institute" means the American National Standards

23  Institute.

24         (5)  "Length," for purposes of transportation only,

25  means the distance from the extreme front of the mobile home,

26  to the extreme rear, including the drawbar and coupling

27  mechanism, but not including expandable features that do not

28  project from the body during transportation.

29         (6)  "Length of a mobile home" means the distance from

30  the exterior of the front wall (nearest to the drawbar and

31  coupling mechanism) to the exterior of the rear wall (at the

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  1  opposite end of the home) where such walls enclose living or

  2  other interior space and such distance includes expandable

  3  rooms but not bay windows, porches, drawbars, couplings,

  4  hitches, wall and roof extensions, or other attachments.

  5         (7)  "Licensee" means any person licensed or required

  6  to be licensed under s. 553.435.

  7         (8)  "Mobile home dealer" means any person engaged in

  8  the business of buying, selling, or dealing in mobile homes or

  9  offering or displaying mobile homes for sale.  Any person who

10  buys, sells, or deals in one or more mobile homes in any

11  12-month period or who offers or displays for sale one or more

12  mobile homes in any 12-month period shall be prima facie

13  presumed to be engaged in the business of a mobile home

14  dealer.  The terms "selling" and "sale" include lease-purchase

15  transactions.  The term "mobile home dealer" does not include

16  a bank, credit union, or finance company that acquires mobile

17  homes as an incident to its regular business, does not include

18  a mobile home rental or leasing company that sells mobile

19  homes to mobile home dealers licensed under s. 553.432, and

20  does not include persons who are selling their own mobile

21  homes.

22         (9)  "Mobile home manufacturer" means any person,

23  resident or nonresident, who, as a trade or commerce,

24  manufactures or assembles mobile homes.

25         (10)  "Responsible party" means a manufacturer, dealer,

26  or supplier.

27         (11)  "Seal" or "label" means a device issued by the

28  department certifying that a mobile home meets the appropriate

29  code, which device is to be displayed on the exterior of the

30  mobile home.

31

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  1         (12)  "Setup" means the operations performed at the

  2  occupancy site which render a mobile home or park trailer fit

  3  for habitation. Such operations include, but are not limited

  4  to, transporting, positioning, blocking, leveling, supporting,

  5  tying down, connecting utility systems, making minor

  6  adjustments, or assembling multiple or expandable units.

  7         (13)  "Substantial defect" means:

  8         (a)  Any substantial deficiency or defect in materials

  9  or workmanship occurring to a mobile home which has been

10  reasonably maintained and cared for in normal use.

11         (b)  Any structural element, utility system, or

12  component of the mobile home, which fails to comply with the

13  code.

14         (14)  "Supplier" means the original producer of

15  completed components, including refrigerators, stoves, hot

16  water heaters, dishwashers, cabinets, air conditioners,

17  heating units, and similar components, which are furnished to

18  a manufacturer or dealer for installation in the mobile home

19  prior to sale to a buyer.

20         (15)  "Width of a mobile home" means the distance from

21  the exterior of one side wall to the exterior of the opposite

22  side wall where such walls enclose living or other interior

23  space and such distance includes expandable rooms but not bay

24  windows, porches, wall and roof extensions, or other

25  attachments.

26         (16)  "Body size" of a park trailer means the distance

27  from the exterior side or end to the opposite exterior side or

28  end of the body. Such distance includes expandable rooms, bay

29  windows, wall and roof extensions, or other extrusions in the

30  travel mode, except park trailers constructed to ANSI A-119.5

31  shall not exceed 400 square feet. Park trailers constructed to

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  1  the United States Department of Housing and Urban Development

  2  standard shall not exceed 500 square feet. All square footage

  3  measurements are of the exterior when in setup mode and do not

  4  include bay windows.

  5         Section 13.  Section 553.435, Florida Statutes, is

  6  created to read:

  7         553.435  Mobile home manufacturer's license.--

  8         (1)  LICENSE REQUIRED.--Any person who engages in the

  9  business of a mobile home manufacturer in this state, or who

10  manufactures mobile homes out of state which are ultimately

11  offered for sale in this state, shall obtain annually a

12  license for each factory location in this state and for each

13  factory location out of state which manufactures mobile homes

14  for sale in this state, prior to distributing mobile homes for

15  sale in this state.

16         (2)  APPLICATION.--The application for a license shall

17  be in the form prescribed by the division and shall contain

18  sufficient information to disclose the identity, location, and

19  responsibility of the applicant.  The application shall also

20  include a copy of the warranty and a complete statement of any

21  service agreement or policy to be utilized by the applicant,

22  any information relating to the applicant's solvency and

23  financial standing, and any other pertinent matter

24  commensurate with safeguarding the public.  The division may

25  prescribe an abbreviated application for renewal of a license

26  if the licensee had previously filed an initial application

27  pursuant to this section.  The application for renewal shall

28  include any information necessary to bring current the

29  information required in the initial application.

30         (3)  FEES.--Upon making initial application, the

31  applicant shall pay to the division a fee of $300.  Upon

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  1  making renewal application, the applicant shall pay to the

  2  division a fee of $100.  Any applicant for renewal who has

  3  failed to submit his or her renewal application by October 1

  4  shall pay a renewal application fee equal to the original

  5  application fee.  No fee is refundable.  All fees shall be

  6  deposited into the General Revenue Fund.

  7         (4)  NONRESIDENT.--Any person applying for a license

  8  who is not a resident of this state shall have designated an

  9  agent for service of process pursuant to s. 48.181.

10         (5)  REQUIREMENT OF ASSURANCE.--

11         (a)  Annually, prior to the receipt of a license to

12  manufacture mobile homes, the applicant or licensee shall

13  submit a surety bond, cash bond, or letter of credit from a

14  financial institution, or a proper continuation certificate,

15  sufficient to assure satisfaction of claims against the

16  licensee for failure to comply with appropriate code

17  standards, failure to provide warranty service, or violation

18  of any provisions of this section. The amount of the surety

19  bond, cash bond, or letter of credit shall be $50,000. Only

20  one surety bond, cash bond, or letter of credit shall be

21  required for each manufacturer, regardless of the number of

22  factory locations. The surety bond, cash bond, or letter of

23  credit shall be to the division, in favor of any retail

24  customer who shall suffer loss arising out of noncompliance

25  with code standards or failure to honor or provide warranty

26  service. The division shall have the right to disapprove any

27  bond or letter of credit that does not provide assurance as

28  provided in this section.

29         (b)  The division shall adopt rules pursuant to chapter

30  120 consistent with this section in providing assurance of

31  satisfaction of claims.

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  1         (c)  The division shall, upon denial, suspension, or

  2  revocation of any license, notify the surety company of the

  3  licensee, in writing, that the license has been denied,

  4  suspended, or revoked and shall state the reason for such

  5  denial, suspension, or revocation.

  6         (d)  Any surety company which pays any claim against

  7  the bond of any licensee shall notify the division, in

  8  writing, that it has paid such a claim and shall state the

  9  amount of the claim.

10         (e)  Any surety company which cancels the bond of any

11  licensee shall notify the division, in writing, of such

12  cancellation, giving reason for the cancellation.

13         (6)  LICENSE YEAR.--A license issued to a mobile home

14  manufacturer entitles the licensee to conduct the business of

15  a mobile home manufacturer for a period of 1 year from October

16  1 preceding the date of issuance.

17         (7)  DENIAL OF LICENSE.--The division may deny a mobile

18  home manufacturer's license on the ground that:

19         (a)  The applicant has made a material misstatement in

20  his or her application for a license.

21         (b)  The applicant has failed to comply with any

22  applicable provision of this chapter.

23         (c)  The applicant has failed to provide warranty

24  service.

25         (d)  The applicant or one or more of his or her

26  principals or agents has violated any law, rule, or regulation

27  relating to the manufacture or sale of mobile homes.

28         (e)  The division has proof of unfitness of the

29  applicant.

30

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  1         (f)  The applicant or licensee has engaged in previous

  2  conduct in any state which would have been a ground for

  3  revocation or suspension of a license in this state.

  4         (g)  The applicant or licensee has violated any of the

  5  provisions of the National Mobile Home Construction and Safety

  6  Standards Act of 1974 or any rule or regulation of the

  7  Department of Housing and Urban Development promulgated

  8  thereunder.

  9

10  Upon denial of a license, the division shall notify the

11  applicant within 10 days, stating in writing its grounds for

12  denial.  The applicant is entitled to a public hearing and may

13  request that such hearing be held within 45 days of denial of

14  the license.  All proceedings shall be pursuant to chapter

15  120.

16         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The division

17  shall suspend or, in the case of a subsequent offense, shall

18  revoke any license upon a finding that the licensee violated

19  any provision of this part or any other law of this state

20  regarding the manufacture, warranty, or sale of mobile homes.

21  When any license has been revoked or suspended by the

22  division, it may be reinstated if the division finds that the

23  former licensee has complied with all applicable requirements

24  of this part and an application for a license is refiled

25  pursuant to this section.

26         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

27  exercise of other powers provided in this section, the

28  division is authorized to assess, impose, levy, and collect by

29  legal process a civil penalty, in an amount not to exceed

30  $1,000 for each violation, against any licensee if it finds

31  that a licensee has violated any provision of this section or

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  1  has violated any other law of this state having to do with

  2  dealing in mobile homes.  Any licensee shall be entitled to a

  3  hearing pursuant to chapter 120 should the licensee wish to

  4  contest the fine levied, or about to be levied, upon him or

  5  her.

  6         Section 14.  Section 320.823, Florida Statutes, is

  7  transferred and renumbered as section 553.436, Florida

  8  Statutes.

  9         Section 15.  Section 553.4365, Florida Statutes, is

10  created to read:

11         553.4365  Establishment of uniform standards for park

12  trailers.--Park trailers exceeding 400 square feet shall meet

13  the Federal Manufactured Home Construction and Safety

14  Standards and shall have a United States Department of Housing

15  and Urban Development label.

16         Section 16.  Section 553.437, Florida Statutes, is

17  created to read:

18         553.437  Rules and regulations, changes and

19  modifications of standards.--

20         (1)  The division may adopt such rules as it deems

21  necessary or proper for the effective administration and

22  enforcement of ss. 553.431-553.458 and may adopt any changes

23  in, or additions to, the standards adopted in s. 553.436 or s.

24  553.4365, which are approved and officially published by the

25  institute or adopted by the Department of Housing and Urban

26  Development subsequent to the effective date of this act.

27         (2)  The division or its authorized agent may enter any

28  place or establishment where mobile homes are manufactured,

29  sold, or offered for sale, for the purpose of ascertaining

30  whether the requirements of the code and the regulations

31  adopted by the department have been met.

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  1         Section 17.  Section 553.438, Florida Statutes, is

  2  created to read:

  3         553.438  Limitation of alteration or modification to

  4  mobile homes.--

  5         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

  6  alteration or modification shall be made to a mobile home by a

  7  licensed dealer after shipment from the manufacturer's plant

  8  unless such alteration or modification is authorized in this

  9  section.

10         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

11  alteration or modification is performed by a qualified person

12  as defined in subsection (4), the warranty responsibility of

13  the manufacturer as to the altered or modified item shall be

14  void.

15         (a)  An alteration or modification performed by a

16  mobile home dealer or his or her agent or employee shall place

17  warranty responsibility for the altered or modified item upon

18  the dealer. If the manufacturer fulfills, or is required to

19  fulfill, the warranty on the altered or modified item, he or

20  she shall be entitled to recover damages in the amount of his

21  or her costs and attorneys' fees from the dealer.

22         (b)  An alteration or modification performed by a

23  mobile home owner or his or her agent shall render the

24  manufacturer's warranty as to that item void.  A statement

25  shall be displayed clearly and conspicuously on the face of

26  the warranty that the warranty is void as to the altered or

27  modified item if the alteration or modification is performed

28  by other than a qualified person.  Failure to display such

29  statement shall result in warranty responsibility on the

30  manufacturer.

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  1         (3)  AUTHORITY OF THE DIVISION.--The division is

  2  authorized to adopt rules and regulations pursuant to chapter

  3  120 which define the alterations or modifications which must

  4  be made by qualified personnel.  The division may regulate

  5  only those alterations and modifications which substantially

  6  impair the structural integrity or safety of the mobile home.

  7         (4)  DESIGNATION AS A QUALIFIED PERSON.--

  8         (a)  In order to be designated as a person qualified to

  9  alter or modify a mobile home, a person must comply with local

10  or county licensing or competency requirements in skills

11  relevant to performing alterations or modifications on mobile

12  homes.

13         (b)  When no local or county licensing or competency

14  requirements exist, the division may certify persons to

15  perform mobile home alterations or modifications.  The

16  division shall by rule or regulation determine what skills and

17  competency requirements are requisite to the issuance of a

18  certification.  A fee sufficient to cover the costs of issuing

19  certifications may be charged by the division.  The

20  certification shall be valid for a period which terminates

21  when the county or other local governmental unit enacts

22  relevant competency or licensing requirements.  The

23  certification shall be valid only in counties or localities

24  without licensing or competency requirements.

25         (c)  The division shall determine which counties and

26  localities have licensing or competency requirements adequate

27  to eliminate the requirement of certification.  This

28  determination shall be based on a review of the relevant

29  county or local standards for adequacy in regulating persons

30  who perform alterations or modifications to mobile homes. The

31

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  1  division shall find local or county standards adequate when

  2  minimal licensing or competency standards are provided.

  3         Section 18.  Section 320.8249, Florida Statutes, is

  4  transferred and renumbered as section 553.439, Florida

  5  Statutes, and is amended to read:

  6         553.439 320.8249  Mobile home installers license.--

  7         (1)  Any person who engages in mobile home installation

  8  shall obtain a mobile home installers license from the

  9  division Bureau of Mobile Home and Recreational Vehicle

10  Construction of the Department of Highway Safety and Motor

11  Vehicles pursuant to this section.  Said license shall be

12  renewed annually, and each licensee shall pay a fee of $150.

13         (2)  The division Department of Highway Safety and

14  Motor Vehicles shall issue a license as a mobile home

15  installer to any person who applies to the department, pays

16  the appropriate application fee, not to exceed $100, as set by

17  division department rule, and complies with subsection (3).

18         (3)  In order to obtain licensure as a mobile home

19  installer, the applicant must be at least 18 years old, must

20  hold a valid performance bond in an amount set by division

21  department rule, not to exceed $5,000, conditioned upon proper

22  performance of mobile home installation and weather-sealing

23  duties for a period of 1 year, must carry liability insurance

24  in an amount determined by division department rule, not to

25  exceed $100,000, must complete a minimum 8-hour training

26  course approved by the division department, and must pass a

27  division-approved department-approved examination designed to

28  test the skills necessary to properly and competently perform

29  mobile home installation and to ascertain that the applicant

30  has adequate knowledge of federal, state, and local laws

31  applicable to mobile home installation contracting.  The

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  1  division department may charge an examination fee sufficient

  2  to defray the costs of developing or obtaining and providing

  3  the examination, not to exceed $100.  Any licensed dealer or

  4  licensed manufacturer who has subcontracted with an installer

  5  for installation and who remedies any faulty installation

  6  performed by said installer shall have recourse against said

  7  installer's performance bond.

  8         (4)  Notwithstanding the provisions of subsection (3),

  9  any person who can show that he or she had been engaged in the

10  business of mobile home installation on October 1, 1996, shall

11  be exempted until October 1, 1997, from the requirement for

12  completing training and for passing an examination in order to

13  be licensed by the department as a mobile home installer and

14  shall be licensed upon application, provided he or she has

15  complied with all requirements of subsection (3), other than

16  the training and examination requirements.  No person shall be

17  licensed or remain licensed as a mobile home installer

18  subsequent to October 1, 1997, who has not taken and passed

19  the department-approved mobile home installer examination.

20         (4)(5)  A direct employee of a licensed mobile home

21  installer working under the supervision of the licensee and

22  within the job scope of the licensee is not required to be

23  licensed as a mobile home installer.  The licensed mobile home

24  installer is responsible for supervising all such employees

25  and for the proper and competent performance of all employees

26  working under his or her supervision.

27         (5)(6)  "Installation," as used herein, is synonymous

28  with "setup" as defined in s. 553.434 320.822(14).

29         (6)(7)  No person shall:

30         (a)  Falsely hold himself or herself or a business

31  organization out as a licensed mobile home installer;

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  1         (b)  Falsely impersonate a licensed mobile home

  2  installer;

  3         (c)  Present as his or her own the mobile home

  4  installers license of another;

  5         (d)  Knowingly give false or forged evidence to the

  6  division department;

  7         (e)  Use or attempt to use a mobile home installers

  8  license which has been suspended or revoked; or

  9         (f)  Engage in the business or act in the capacity of a

10  licensed mobile home installer or advertise himself or herself

11  or a business organization as available to engage in the

12  business or act in the capacity of a mobile home installer

13  without being duly licensed.

14         (7)(8)  Any unlicensed person who violates any of the

15  provisions of subsection (6) (7) is guilty of a misdemeanor of

16  the first degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         (8)(9)  No licensed person nor licensed applicant

19  shall:

20         (a)  Obtain a mobile home installers license by fraud

21  or misrepresentation.

22         (b)  Be convicted or found guilty of, or enter a plea

23  of nolo contendere to, regardless of adjudication, a crime in

24  any jurisdiction which directly relates to the practice of

25  mobile home installation or the ability to practice.

26         (c)  Violate any lawful order of the division

27  department.

28         (d)  Commit fraud or deceit in the practice of

29  contracting.

30         (e)  Commit incompetence or misconduct in the practice

31  of contracting.

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  1         (f)  Commit gross negligence, repeated negligence, or

  2  negligence resulting in a significant danger to life or

  3  property.

  4         (g)  Commit violations of the installation standards

  5  for mobile homes or manufactured homes contained in rules

  6  15C-1.0102 to 15C-1.0104, Florida Administrative Code.

  7         (9)(10)  Any licensed person or license applicant who

  8  violates any provision of subsection (8) (9) may have any of

  9  the following disciplinary penalties imposed by the division

10  department:

11         (a)  License revocation;

12         (b)  License suspension;

13         (c)  A fine not to exceed $1,000 per violation;

14         (d)  A requirement to take and pass, or retake and

15  pass, the department-approved examination;

16         (e)  Probation;

17         (f)  Probation subject to such restriction of practice

18  as the division department chooses to impose;

19         (g)  A notice of noncompliance; or

20         (h)  Refusal of licensure application.

21         (11)  Licensed mobile home dealers and licensed mobile

22  home manufacturers are exempt from requirements to obtain a

23  license as a mobile home installer and may perform mobile home

24  installation.  Any licensed dealer or licensed manufacturer

25  who does not subcontract with a licensed installer and who

26  performs his or her own installations, either himself or

27  herself or through direct employees, shall have at least one

28  employee who has completed an 8-hour installation training

29  course, as approved by the department. Licensed mobile home

30  dealers and mobile home manufacturers are subject to

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  1  discipline against their license for violation of subsection

  2  (9).

  3         (10)(12)  The regulation of manufactured home

  4  installers or mobile home installers is preempted to the

  5  state, and no person may perform mobile home installation

  6  unless licensed pursuant to this section, regardless of

  7  whether that person holds a local license.

  8         (11)(13)  No county, municipality, or other unit of

  9  local government may require additional licensing of a duly

10  licensed installer who performs setup operations as defined in

11  s. 553.434 320.822.  However, a county, municipality, or other

12  unit of local government may require an installer to obtain a

13  local occupational license, which license shall not require

14  for its issuance any conditions other than those required by

15  this act and payment of the appropriate occupational license

16  fee.

17         (12)(14)  All installers, dealers, and manufacturers

18  shall purchase installation decals from the division

19  Department of Highway Safety and Motor Vehicles for a fee not

20  to exceed $10 per decal.  An installation decal shall be

21  affixed to the manufactured home or mobile home prior to

22  installation.  This decal shall denote the date of

23  installation, the name of the installer, and the number of the

24  installer's license or the dealer or manufacturer license

25  number.  Such decal shall be positioned immediately next to

26  the HUD decal.

27         (13)(15)  In performing the installation, installers

28  shall not perform plumbing or electrical activities prohibited

29  by division department rules related to setup operations

30  pursuant to s. 553.434 320.822.

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  1         (14)(16)  Funds received by the division department

  2  pursuant to this section shall be deposited in the

  3  department's Highway Safety Operating Trust Fund.

  4         (15)(17)  When mobile homeowners in a mobile home park

  5  obtain evaluations of the wind resistance of their mobile

  6  homes and make improvements in accordance thereto using funds

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

  8  the applicable local, county, or municipal government may

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

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

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

12  entire mobile home park in which such evaluations are being

13  performed. There are hereby appropriated five positions and

14  $219,295 from the Highway Safety Operating Trust Fund in the

15  Department of Highway Safety and Motor Vehicles to implement

16  the provisions of this section.

17         Section 19.  Section 320.8255, Florida Statutes, is

18  transferred and renumbered as section 553.440, Florida

19  Statutes, and is amended to read:

20         553.440 320.8255  Mobile home inspection.--

21         (1)  In order to ensure the highest degree of quality

22  control in the construction of new mobile homes, each new

23  mobile home sold in the state shall be inspected by the

24  division department pursuant to procedures developed by the

25  division department which assure compliance with code

26  provisions.  The division department may adopt reasonable

27  rules and regulations pursuant to chapter 120 for the

28  implementation and enforcement of this inspection.

29         (2)  Division Department inspectors shall make

30  unannounced visits to manufacturing plants or take any other

31  appropriate action which assures compliance with the code.

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  1         (3)  Mobile home manufacturers and dealers shall be

  2  charged a fee for special inspections, including, but not

  3  limited to, plant approvals, 100 percent plant inspections,

  4  increased frequency inspections, reinspections, and special

  5  consumer complaint investigations as requested by a

  6  manufacturer or dealer or as may be deemed necessary by the

  7  division department.

  8         (4)  The division department shall determine fees for

  9  special inspections and for the seal authorized under s.

10  553.441 320.827 which are sufficient to cover the cost of

11  inspection and administration under this section.  Fees

12  collected shall be deposited into the General Revenue Fund.

13         Section 20.  Section 320.827, Florida Statutes, is

14  transferred and renumbered as section 553.441, Florida

15  Statutes, and is amended to read:

16         553.441 320.827  Label; procedures for issuance;

17  certification; requirements.--No dealer shall sell or offer

18  for sale in this state any new mobile home manufactured after

19  January 1, 1968, unless the mobile home bears a label and the

20  certification by the manufacturer that the mobile home to

21  which the label is attached meets or exceeds the appropriate

22  code.  Any mobile home bearing the insignia of approval

23  pursuant to this section shall be deemed to comply with the

24  requirements of all local government ordinances or rules which

25  govern construction, and no mobile home bearing the division

26  department insignia of approval shall be in any way modified

27  except in compliance with this chapter. Labels may be issued

28  by the division department when applied for with an affidavit

29  certifying that the dealer or manufacturer applying will not

30  attach a label to any new mobile home that does not meet or

31  exceed the appropriate code. No mobile home may be

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  1  manufactured in this state unless it bears a label and

  2  certification that the mobile home meets or exceeds the code.

  3  The label for each mobile home shall be displayed in a manner

  4  to be prescribed by the division department.

  5         Section 21.  Section 320.8285, Florida Statutes, is

  6  transferred and renumbered as section 553.442, Florida

  7  Statutes, and is amended to read:

  8         553.442 320.8285  Onsite inspection.--

  9         (1)  Each county or municipality in this state shall

10  prepare and adopt a plan providing for an onsite inspection of

11  each mobile home located within such entity. The onsite

12  inspection shall ensure compliance with state and local

13  building codes, ordinances, and regulations regarding such

14  functions as blocking and leveling, tie-downs, utility

15  connections, conversions of appliances, and external

16  improvements on the mobile home. If a mobile home is

17  manufactured in conformity with the code, as established in s.

18  553.436 320.823, a county may not require modification of the

19  mobile home in order to comply with local tie-down

20  regulations.

21         (2)  When a county or municipality has not prepared and

22  adopted a plan providing for onsite inspection, the division

23  department shall prepare a minimum onsite inspection plan for

24  such county. The division department may adopt promulgate

25  reasonable rules and regulations pursuant to chapter 120 in

26  preparing and enforcing such a minimum onsite inspection plan.

27         (3)  Each county or municipality may designate the

28  persons who are to perform the onsite inspection. If a county

29  or municipality does not so designate, the division department

30  shall designate the persons who are to perform the onsite

31  inspection. No person shall be designated to perform onsite

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  1  inspections unless such person is competent in the areas of

  2  mobile home blocking and leveling, tie-downs, utility

  3  connections, conversions of appliances, and external

  4  improvements. Pursuant to the onsite inspection, each mobile

  5  home shall be issued a certificate of occupancy if the mobile

  6  home complies with state and local building codes, ordinances,

  7  and regulations regarding such functions as blocking and

  8  leveling, tie-downs, utility connections, conversion of

  9  appliances, and external improvements to the mobile home.

10         (4)  Fees for onsite inspections and certificates of

11  occupancy of mobile homes shall be reasonable for the services

12  performed.  A guideline for fee schedules shall be issued by

13  the division department.

14         (5)  The division Department of Highway Safety and

15  Motor Vehicles shall enforce every provision of this section

16  and the regulations adopted pursuant hereto, except that local

17  land use and zoning requirements, fire zones, building setback

18  and side and rear yard requirements, site development and

19  property line requirements, subdivision control, and onsite

20  installation requirements, as well as review and regulation of

21  architectural and aesthetic requirements, are hereby

22  specifically and entirely reserved to local jurisdictions.

23  However, any architectural or aesthetic requirement imposed on

24  the mobile home structure itself may pertain only to roofing

25  and siding materials. Such local requirements and regulations

26  and others for manufactured homes must be reasonable,

27  uniformly applied, and enforced without distinctions as to

28  whether such housing is manufactured, located in a mobile home

29  park or a mobile home subdivision, or built in a conventional

30  manner. No local jurisdiction shall prohibit siting or

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  1  resiting of used mobile homes based solely on the date the

  2  unit was manufactured.

  3         (6)  Park trailers are subject to inspection in the

  4  same manner as are mobile homes pursuant to this section.

  5         Section 22.  Section 320.830, Florida Statutes, is

  6  transferred and renumbered as section 553.443, Florida

  7  Statutes, and is amended to read:

  8         553.443 320.830  Reciprocity.--If any other state has

  9  codes for mobile homes at least equal to those established by

10  this part chapter, the division department, upon determining

11  that such standards are being enforced by an independent

12  inspection agency, shall place the other state on a

13  reciprocity list, which list shall be available to any

14  interested person.  Any mobile home that bears a seal of any

15  state which has been placed on the reciprocity list may not be

16  required to bear the seal of this state.  A mobile home that

17  does not bear the label herein provided shall not be permitted

18  to be manufactured or offered for sale by a manufacturer or

19  dealer anywhere within the geographical limits of this state

20  unless the mobile home is designated for delivery into another

21  state that has not adopted a code entitling the state to be

22  placed on the reciprocity list.

23         Section 23.  Section 320.831, Florida Statutes, is

24  transferred and renumbered as section 553.444, Florida

25  Statutes, and is amended to read:

26         553.444 320.831  Penalties.--

27         (1)  Whoever violates any provision of the National

28  Mobile Home Construction and Safety Standards Act of 1974, 42

29  U.S.C. ss. 5401 et seq., or any rules, regulations, or final

30  order issued thereunder shall be liable for a civil penalty

31  not to exceed $1,000 for each such violation.  Each violation

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  1  of a provision of the act or any rule, regulation, or order

  2  issued thereunder shall constitute a separate violation with

  3  respect to each mobile home or with respect to each failure or

  4  refusal to allow or perform an act required thereby, except

  5  that the maximum civil penalty may not exceed $1 million for

  6  any related series of violations occurring within 1 year from

  7  the date of the first violation.

  8         (2)  Any individual, or a director, officer, or agent

  9  of a corporation, who knowingly and willfully violates the

10  provisions of s. 610 of the National Mobile Home Construction

11  and Safety Standards Act of 1974 in a manner which threatens

12  the health or safety of any purchaser is guilty of a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         (3)  Any manufacturer, dealer, or inspector who

16  violates or fails to comply with any of the provisions of ss.

17  553.434-553.456 320.822-320.862 or any of the rules adopted by

18  the department is guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083, provided

20  such violation is not also a violation of the National Mobile

21  Home Construction and Safety Standards Act of 1974 or any

22  rule, regulation, or final order issued thereunder.

23         Section 24.  Section 320.8325, Florida Statutes, is

24  transferred and renumbered as section 553.445, Florida

25  Statutes, and is amended to read:

26         553.445 320.8325  Mobile homes and park trailers;

27  tie-down requirements; minimum installation standards;

28  injunctions; penalty.--

29         (1)  The owner of a mobile home or park trailer shall

30  secure the mobile home or park trailer to the ground by the

31  use of anchors and tie-downs so as to resist wind overturning

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  1  and sliding. However, nothing herein shall be construed as

  2  requiring that anchors and tie-downs be installed to secure

  3  mobile homes or park trailers which are permanently attached

  4  to a permanent structure. A permanent structure shall have a

  5  foundation and such other structural elements as are required

  6  pursuant to rules and regulations promulgated by the division

  7  department which assure the rigidity and stability of the

  8  mobile home or park trailer.

  9         (a)  A mobile home or park trailer manufactured in

10  accordance with the code standards and labeled "hurricane and

11  windstorm resistive" shall be anchored to each anchor point

12  provided on the mobile home or park trailer.  A mobile home or

13  park trailer which does not meet these standards must be

14  anchored with anchor points spaced as required by the division

15  department starting at each end of the mobile home or park

16  trailer.

17         (b)  In addition, each mobile home or park trailer

18  shall be tied down by one of the following means:

19         1.  A mobile home or park trailer having built-in,

20  over-the-roof ties shall be secured by the tie-down points,

21  provided such built-in ties and points meet the standards

22  adopted promulgated by the division department.

23         2.  A mobile home or park trailer not having built-in,

24  over-the-roof ties and tie-down points which meet division

25  department standards shall be secured in accordance with

26  standards adopted promulgated by the division department.

27         (2)  The division department shall adopt promulgate

28  rules and regulations setting forth uniform minimum standards

29  for the manufacture and or installation of manufactured

30  housing installation systems, composed of anchors, buckles,

31  straps, stabilizer plates, and piers or other requirements

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  1  mandated by a manufacturer's installation manual anchors,

  2  tie-downs, over-the-roof ties, or other reliable methods of

  3  securing mobile homes or park trailers when over-the-roof ties

  4  are not suitable due to factors such as unreasonable cost,

  5  design of the mobile home or park trailer, or potential damage

  6  to the mobile home or park trailer.  Such systems devices

  7  required under this section, when properly installed, shall

  8  insure a manufactured home remains secured to the ground when

  9  subjected to winds equal to or less than their HUD code design

10  criteria and shall cause the mobile home or park trailer to

11  resist wind overturning and sliding.  In promulgating Such

12  rules shall be reasonably related to the and regulations, the

13  department may make such discriminations regarding mobile home

14  or park trailer tie-down requirements as are reasonable when

15  factors such as age and windzone of the manufactured housing,

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

17  trailer are considered. The division shall also develop

18  standards for installation and anchoring systems for park

19  trailers.  Fees and civil penalties collected by the division

20  pursuant to s. 553.439 shall be deposited into the

21  department's Operating Trust Fund for the use by the division

22  for the testing of manufactured housing installation systems

23  and their individual components to insure that such products

24  being delivered to consumers in this state meet the wind

25  design criteria adopted by the division.

26         (3)(a)  Persons licensed in this state to engage in the

27  business of insuring mobile homes or park trailers that are

28  subject to the provisions of this section against damage from

29  windstorm shall issue such insurance only if the mobile home

30  or park trailer has been anchored and tied down in accordance

31  with the provisions of this section.

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  1         (b)  In the event that a mobile home or park trailer is

  2  insured against damage caused by windstorm and subsequently

  3  sustains windstorm damage of a nature that indicates that the

  4  mobile home or park trailer was not anchored or tied down in

  5  the manner required by this section, the person issuing the

  6  policy shall not be relieved from meeting the obligations

  7  specified in the insurance policy with respect to such damage

  8  on the basis that the mobile home or park trailer was not

  9  properly anchored or tied down.

10         (4)  Whenever a person who engages in the business of

11  installing anchors, tie-downs, or over-the-roof ties or who

12  engages in the business of manufacturing, distributing, or

13  dealing in such devices for use in this state does so in a

14  manner that is not in accordance with the minimum standards

15  set forth by the division department, a person aggrieved

16  thereby may bring an action in the appropriate court for

17  actual damages. In addition, the court may provide appropriate

18  equitable relief, including the enjoining of a violator from

19  engaging in the business or from engaging in further

20  violations.  Whenever it is established to the satisfaction of

21  the court that a willful violation has occurred, the court

22  shall award punitive damages to the aggrieved party.  The

23  losing party may be liable for court costs and reasonable

24  attorney's fees incurred by the prevailing party.

25         (5)  In addition to other penalties provided in this

26  section, the division department or the state attorneys and

27  their assistants are authorized to apply to the circuit courts

28  within their respective jurisdictions, and such courts shall

29  have jurisdiction, upon hearing and for cause shown, to grant

30  temporary or permanent injunctions restraining any persons

31  engaging in the business of manufacturing, distributing, or

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  1  dealing in anchors, tie-downs, or over-the-roof ties from

  2  manufacturing or selling such devices in a manner not in

  3  accordance with the minimum standards set forth by the

  4  division department or restraining any persons in the business

  5  of installing anchors, tie-downs, or over-the-roof ties from

  6  utilizing devices that do not meet the minimum standards set

  7  forth by the division department or from installing such

  8  devices in a manner not in accordance with the minimum

  9  standards set forth by the division department, whether or not

10  there exists an adequate remedy at law, and such injunctions

11  shall issue without bond.

12         (6)  This section only applies to a mobile home or park

13  trailer that is being used as a dwelling place and that is

14  located on a particular location for a period of time

15  exceeding 14 days, for a mobile home, or 45 days, for a park

16  trailer.

17         (7)  For the purposes of this section, the definitions

18  set forth in s. 553.434 320.822 apply.

19         Section 25.  Section 553.446, Florida Statutes, is

20  created to read:

21         553.446  Retention, destruction, and reproduction of

22  records.--Records and documents of the division, created in

23  compliance with and in the implementation of this part, shall

24  be retained by the division as specified in record retention

25  schedules established under the general provisions of chapter

26  119. Further, the division is hereby authorized:

27         (1)  To destroy, or otherwise dispose of, those records

28  and documents, in conformity with the approved retention

29  schedules.

30         (2)  To photograph, microphotograph, or reproduce on

31  film, as authorized and directed by the approved retention

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  1  schedules, whereby each page will be exposed in exact

  2  conformity with the original records and documents retained in

  3  compliance with the provisions of this section.  Photographs

  4  or microphotographs in the form of film or print of any

  5  records, made in compliance with the provisions of this

  6  section, shall have the same force and effect as the originals

  7  thereof would have and shall be treated as originals for the

  8  purpose of their admissibility in evidence.  Duly certified or

  9  authenticated reproductions of such photographs or

10  microphotographs shall be admitted in evidence equally with

11  the original photographs or microphotographs.

12         Section 26.  Section 320.8335, Florida Statutes, is

13  transferred and renumbered as section 553.447, Florida

14  Statutes.

15         Section 27.  Section 553.448, Florida Statutes, is

16  created to read:

17         553.448  Purpose.--It is the intent of the Legislature

18  to ensure the safety and welfare of residents of mobile homes

19  through an inspection program conducted by the division.

20  Mobile homes are a primary housing resource of many of the

21  residents of the state and satisfy a large segment of

22  statewide housing needs.  It is the further intent of the

23  Legislature that the division, mobile home dealers, and mobile

24  home manufacturers continue to work together to meet the

25  applicable code requirements for mobile homes and that such

26  dealers and manufacturers share the responsibilities of

27  warranting mobile homes in accordance with applicable codes

28  and resolving legitimate consumer complaints in a timely,

29  efficient manner.

30         Section 28.  Section 553.449, Florida Statutes, is

31  created to read:

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  1         553.449  Mobile home warranties.--Each manufacturer,

  2  dealer, and supplier of mobile homes shall warrant each new

  3  mobile home sold in this state and the setup of each such

  4  mobile home, in accordance with the warranty requirements

  5  prescribed by this section, for a period of at least 12

  6  months, measured from the date of delivery of the mobile home

  7  to the buyer.  The warranty requirements of each manufacturer,

  8  dealer, and supplier of mobile homes are as follows:

  9         (1)  The manufacturer warrants:

10         (a)  For a mobile home, that all structural elements;

11  plumbing systems; heating, cooling, and fuel-burning systems;

12  electrical systems; fire prevention systems; and any other

13  components or conditions included by the manufacturer are free

14  from substantial defect.

15         (b)  That 100-ampere electrical service exists in the

16  mobile home.

17         (2)  The dealer warrants:

18         (a)  That any modifications or alterations made to the

19  mobile home by the dealer or authorized by the dealer shall be

20  free from substantial defect. Alterations or modifications

21  made by a dealer shall relieve the manufacturer of warranty

22  responsibility only as to the item altered or modified.

23         (b)  That setup operations performed on the mobile home

24  are performed in compliance with s. 553.445.

25         (c)  That substantial defects do not occur to the

26  mobile home during setup or by transporting it to the

27  occupancy site.

28

29  When the setup of a mobile home is performed by a person who

30  is not an employee or agent of the mobile home manufacturer or

31  dealer and is not compensated or authorized by, or connected

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  1  with, such manufacturer or dealer, then the warranty

  2  responsibility of the manufacturer or dealer as to setup shall

  3  be limited to transporting the mobile home to the occupancy

  4  site free from substantial defect.

  5         (3)  The supplier warrants that any warranties

  6  generally offered in the ordinary sale of his or her product

  7  to consumers shall be extended to buyers of mobile homes.

  8  When no warranty is extended by suppliers, the manufacturer

  9  shall assume warranty responsibility for that component.

10         Section 29.  Section 553.450, Florida Statutes, is

11  created to read:

12         553.450  Presenting warranty claim.--The claim in

13  writing, stating the substance of the warranty defect, may be

14  presented to the manufacturer, dealer, or supplier. When the

15  person notified is not the responsible party he or she shall

16  inform the claimant and shall notify the responsible party of

17  the warranty claim immediately.

18         Section 30.  Section 553.451, Florida Statutes, is

19  created to read:

20         553.451  Warranty service.--

21         (1)  When a service agreement exists between

22  manufacturers, dealers, and suppliers to provide warranty

23  service, the agreement may specify which party is to remedy

24  warranty defects.  However, when a warranty defect is not

25  properly remedied, the responsible party as determined

26  pursuant to s. 553.449 shall be responsible for providing

27  warranty service.

28         (2)  When no service agreement exists for warranty

29  service, the responsible party as designated by s. 553.449 is

30  responsible for remedying the warranty defect.

31

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  1         (3)  The defect shall be remedied within 30 days of

  2  receipt of the written notification of the warranty claim

  3  unless the claim is unreasonable or bona fide reasons exist

  4  for not remedying the defect.  When sufficient reasons exist

  5  for not remedying the defect or the claim is unreasonable, the

  6  responsible party shall respond to the claimant in writing

  7  with its reasons for not promptly remedying the defect and

  8  what further action is contemplated by the responsible party.

  9         (4)  When the person remedying the defect is not the

10  responsible party as designated by s. 553.449 he or she shall

11  be entitled to reasonable compensation paid to him or her by

12  the responsible party. Conduct which coerces or requires a

13  nonresponsible party to perform warranty service is a

14  violation of this section.

15         (5)  Warranty service shall be performed at the site at

16  which the mobile home is initially delivered to the buyer,

17  except for components which can be removed for service without

18  substantial expense or inconvenience to the buyer.

19         Section 31.  Section 553.452, Florida Statutes, is

20  created to read:

21         553.452  Civil action.--Notwithstanding the existence

22  of other remedies, a buyer may bring a civil suit for damages

23  against a responsible party who fails to satisfactorily

24  resolve a warranty claim.  Damages shall be the actual costs

25  of remedying the defect.  Court costs and reasonable attorney

26  fees may be awarded to the prevailing party. When the court

27  finds that failure to honor warranty claims is a consistent

28  pattern of conduct of the responsible party, or that the

29  defect is so severe as to significantly impair the safety of

30  the mobile home, it may assess punitive damages against the

31  responsible party.

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  1         Section 32.  Section 553.453, Florida Statutes, is

  2  created to read:

  3         553.453  Cumulative remedies.--The warranty provided

  4  for in this act shall be in addition to, and not in derogation

  5  of, any other rights and privileges which the buyer may have

  6  under any other law or instrument.  The manufacturer, dealer

  7  or supplier shall not require the buyer to waive his or her

  8  rights under this act or any other rights under law.  Any such

  9  waiver shall be deemed contrary to public policy and

10  unenforceable and void.

11         Section 33.  Section 320.840, Florida Statutes, is

12  transferred and renumbered as section 553.454, Florida

13  Statutes.

14         Section 34.  Section 553.455, Florida Statutes, is

15  created to read:

16         553.455  Inspection of records; production of evidence;

17  subpoena power.--

18         (1)  The division may inspect the pertinent books,

19  records, letters, and contracts of any licensee, whether

20  dealer or manufacturer, relating to any written complaint made

21  to it against such licensee.

22         (2)  The division is granted and authorized to exercise

23  the power of subpoena for the attendance of witnesses and the

24  production of any documentary evidence necessary to the

25  disposition by it of any written complaint against any

26  licensee, whether dealer or manufacturer.

27         Section 35.  Section 553.456, Florida Statutes, is

28  created to read:

29         553.456  Revocation of license held by firms or

30  corporations.--If any applicant or licensee is a firm or

31  corporation, it shall be sufficient cause for the denial,

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  1  suspension, or revocation of a license that any officer,

  2  director, or trustee of the firm or corporation, or any member

  3  in case of a partnership, has been guilty of an act or

  4  omission which would be cause for refusing, suspending, or

  5  revoking a license to such party as an individual.  Each

  6  licensee shall be responsible for the acts of any of its

  7  employees while acting as its agent if the licensee approved

  8  of, or had knowledge of, the acts or other similar acts and,

  9  after such approval or knowledge, retained the benefits,

10  proceeds, profits, or advantages accruing from, or otherwise

11  ratified, the acts.

12         Section 36.  Section 553.457, Florida Statutes, is

13  created to read:

14         553.457  Maintenance of records by the division.--The

15  division shall maintain uniform records of all complaints

16  filed against licensees licensed under the provisions of ss.

17  553.432 and 553.435, any other provision of this part to the

18  contrary notwithstanding. The records shall contain all

19  enforcement actions taken against licensees and against

20  unlicensed persons acting in a capacity which would require

21  them to be licensed under those sections.  The permanent file

22  of each licensee and unlicensed person shall contain a record

23  of any complaints filed against him or her and a record of any

24  enforcement actions taken against him or her.  All complaints

25  and satisfactions thereof and enforcement actions on each

26  licensee and unlicensed person shall be entered into the

27  central database in such a manner that rapid retrieval will be

28  facilitated.  The complainant and the referring agency, if

29  there is one, shall be advised of the disposition by the

30  division of the complaint within 10 days after such action.

31

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  1         Section 37.  Section 553.458, Florida Statutes, is

  2  created to read:

  3         553.458  Transactions by electronic or telephonic

  4  means.--The division is authorized to accept any application

  5  provided for under this chapter by electronic or telephonic

  6  means.

  7         Section 38.  Paragraph (b) of subsection (1) of section

  8  161.55, Florida Statutes, is amended to read:

  9         161.55  Requirements for activities or construction

10  within the coastal building zone.--The following requirements

11  shall apply beginning March 1, 1986, to construction within

12  the coastal building zone and shall be minimum standards for

13  construction in this area:

14         (1)  STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.--

15         (b)  Mobile homes shall conform to the Federal Mobile

16  Home Construction and Safety Standards or the Uniform

17  Standards Code ANSI book A-119.1, pursuant to s. 553.436

18  320.823, and to the requirements of paragraph (c).

19         Section 39.  Subsection (14) of section 316.515,

20  Florida Statutes, is amended to read.

21         316.515  Maximum width, height, length.--

22         (14)  MANUFACTURED BUILDINGS.--The Department of

23  Transportation may, in its discretion and upon application and

24  good cause shown therefor that the same is not contrary to the

25  public interest, issue a special permit for truck

26  tractor-semitrailer combinations where the total number of

27  overwidth deliveries of manufactured buildings, as defined in

28  s. 553.36(12)(11), may be reduced by permitting the use of an

29  overlength trailer of no more than 54 feet.

30         Section 40.  Subsection (2) of section 319.001, Florida

31  Statutes, is amended to read:

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  1         319.001  Definitions.--As used in this chapter, the

  2  term:

  3         (2)  "Licensed dealer," unless otherwise specifically

  4  provided, means a motor vehicle dealer licensed under s.

  5  320.27, a mobile home dealer licensed under s. 553.432 320.77,

  6  or a recreational vehicle dealer licensed under s. 320.771.

  7         Section 41.  Paragraph (d) of subsection (1) of section

  8  320.131, Florida Statutes, is amended to read:

  9         320.131  Temporary tags.--

10         (1)  The department is authorized and empowered to

11  design, issue, and regulate the use of temporary tags to be

12  designated "temporary tags" for use in the following cases:

13         (d)  For banks, credit unions, and other financial

14  institutions which are not required to be licensed under the

15  provisions of s. 320.27, s. 553.432 320.77, or s. 320.771, but

16  need temporary tags for the purpose of demonstrating

17  repossessions for sale.

18

19  Further, the department is authorized to disallow the purchase

20  of temporary tags by licensed dealers, common carriers, or

21  financial institutions in those cases where abuse has

22  occurred.

23         Section 42.  Subsection (9) of section 320.27, Florida

24  Statutes, is amended to read:

25         320.27  Motor vehicle dealers.--

26         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

27  may deny, suspend, or revoke any license issued hereunder or

28  under the provisions of s. 320.77 or s. 320.771, upon proof

29  that a licensee has failed to comply with any of the following

30  provisions with sufficient frequency so as to establish a

31  pattern of wrongdoing on the part of the licensee:

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  1         (a)  Willful violation of any other law of this state,

  2  including chapter 319, this chapter, or ss. 559.901-559.9221,

  3  which has to do with dealing in or repairing motor vehicles or

  4  mobile homes or willful failure to comply with any

  5  administrative rule promulgated by the department.

  6         (b)  Commission of fraud or willful misrepresentation

  7  in application for or in obtaining a license.

  8         (c)  Perpetration of a fraud upon any person as a

  9  result of dealing in motor vehicles, including, without

10  limitation, the misrepresentation to any person by the

11  licensee of the licensee's relationship to any manufacturer,

12  importer, or distributor.

13         (d)  Representation that a demonstrator is a new motor

14  vehicle, or the attempt to sell or the sale of a demonstrator

15  as a new motor vehicle without written notice to the purchaser

16  that the vehicle is a demonstrator. For the purposes of this

17  section, a "demonstrator," a "new motor vehicle," and a "used

18  motor vehicle" shall be defined as under s. 320.60.

19         (e)  Unjustifiable refusal to comply with a licensee's

20  responsibility under the terms of the new motor vehicle

21  warranty issued by its respective manufacturer, distributor,

22  or importer. However, if such refusal is at the direction of

23  the manufacturer, distributor, or importer, such refusal shall

24  not be a ground under this section.

25         (f)  Misrepresentation or false, deceptive, or

26  misleading statements with regard to the sale or financing of

27  motor vehicles which any motor vehicle dealer has, or causes

28  to have, advertised, printed, displayed, published,

29  distributed, broadcast, televised, or made in any manner with

30  regard to the sale or financing of motor vehicles.

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  1         (g)  Requirement by any motor vehicle dealer that a

  2  customer or purchaser accept equipment on his or her motor

  3  vehicle which was not ordered by the customer or purchaser.

  4         (h)  Requirement by any motor vehicle dealer that any

  5  customer or purchaser finance a motor vehicle with a specific

  6  financial institution or company.

  7         (i)  Failure by any motor vehicle dealer to provide a

  8  customer or purchaser with an odometer disclosure statement

  9  and a copy of any bona fide written, executed sales contract

10  or agreement of purchase connected with the purchase of the

11  motor vehicle purchased by the customer or purchaser.

12         (j)  Failure of any motor vehicle dealer to comply with

13  the terms of any bona fide written, executed agreement,

14  pursuant to the sale of a motor vehicle.

15         (k)  Requirement by the motor vehicle dealer that the

16  purchaser of a motor vehicle contract with the dealer for

17  physical damage insurance.

18         (l)  Violation of any of the provisions of s. 319.35 by

19  any motor vehicle dealer.

20         (m)  Either a history of bad credit or an unfavorable

21  credit rating as revealed by the applicant's official credit

22  report or by investigation by the department.

23         (n)  Failure to disclose damage to a new motor vehicle

24  as defined in s. 320.60(10) of which the dealer had actual

25  knowledge if the dealer's actual cost of repair, excluding

26  tires, bumpers, and glass, exceeds 3 percent of the

27  manufacturer's suggested retail price; provided, however, if

28  only the application of exterior paint is involved, disclosure

29  shall be made if such touch-up paint application exceeds $100.

30         (o)  Failure to apply for transfer of a title as

31  prescribed in s. 319.23(6).

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  1         (p)  Use of the dealer license identification number by

  2  any person other than the licensed dealer or his or her

  3  designee.

  4         (q)  Conviction of a felony.

  5         (r)  Failure to continually meet the requirements of

  6  the licensure law.

  7         (s)  When a motor vehicle dealer is convicted of a

  8  crime which results in his or her being prohibited from

  9  continuing in that capacity, the dealer may not continue in

10  any capacity within the industry.  The offender shall have no

11  financial interest, management, sales, or other role in the

12  operation of a dealership.  Further, the offender may not

13  derive income from the dealership beyond reasonable

14  compensation for the sale of his or her ownership interest in

15  the business.

16         (t)  Representation to a customer or any advertisement

17  to the general public representing or suggesting that a motor

18  vehicle is a new motor vehicle if such vehicle lawfully cannot

19  be titled in the name of the customer or other member of the

20  general public by the seller using a manufacturer's statement

21  of origin as permitted in s. 319.23(1).

22         (u)  Failure to honor a bank draft or check given to a

23  motor vehicle dealer for the purchase of a motor vehicle by

24  another motor vehicle dealer within 10 days after notification

25  that the bank draft or check has been dishonored.  A single

26  violation of this paragraph is sufficient for revocation or

27  suspension.  If the transaction is disputed, the maker of the

28  bank draft or check shall post a bond in accordance with the

29  provisions of s. 559.917, and no proceeding for revocation or

30  suspension shall be commenced until the dispute is resolved.

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  1         Section 43.  Section 320.28, Florida Statutes, is

  2  amended to read:

  3         320.28  Nonresident dealers in secondhand motor

  4  vehicles or, recreational vehicles, or mobile homes.--Every

  5  dealer in used or secondhand motor vehicles or, recreational

  6  vehicles, or mobile homes who is a nonresident of the state,

  7  does not have a permanent place of business in this state, and

  8  has not qualified as a dealer under the provisions of ss.

  9  320.27, 320.77, and 320.771, and any person other than a

10  dealer qualified under the provisions of said ss. 320.27,

11  320.77, and 320.771, who brings any used or secondhand motor

12  vehicle or, recreational vehicle, or mobile home into the

13  state for the purpose of sale, except to a dealer licensed

14  under the provisions of ss. 320.27, 320.77, and 320.771,

15  shall, at least 10 days prior to the sale of said vehicle, the

16  offering of said vehicle for sale, or the advertising of said

17  vehicle for sale, make and file with the department the

18  official application for a certificate of title for said

19  vehicle as provided by law.  Any person who has had one or

20  more transactions involving the sale of three or more used or

21  secondhand motor vehicles or, recreational vehicles, or mobile

22  homes in Florida during any 12-month period shall be deemed to

23  be a secondhand dealer in motor vehicles or, recreational

24  vehicles, or mobile homes.

25         Section 44.  Subsection (1) of section 320.71, Florida

26  Statutes, is amended to read:

27         320.71  Nonresident motor vehicle, mobile home, or

28  recreational vehicle dealer's license.--

29         (1)  Any person who is a nonresident of the state, who

30  does not have a dealer's contract from the manufacturer or

31  manufacturer's distributor of motor vehicles, mobile homes, or

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  1  recreational vehicles authorizing the sale thereof in definite

  2  Florida territory, and who sells or engages in the business of

  3  selling said vehicles at retail within the state shall

  4  register with the Department of Revenue for a sales tax dealer

  5  registration number and comply with chapter 212, and pay a

  6  license tax of $2,000 per annum in each county where such

  7  sales are made; $1,250 of said tax shall be transmitted to the

  8  Department of Banking and Finance to be deposited in the

  9  General Revenue Fund of the state, and $750 thereof shall be

10  returned to the county.  The license tax shall cover the

11  period from January 1 to the following December 31, and no

12  such license shall be issued for any fractional part of a

13  year.

14         Section 45.  Section 320.822, Florida Statutes, is

15  amended to read:

16         320.822  Definitions.--In construing ss.

17  320.822-320.862, unless the context otherwise requires, the

18  following words or phrases have the following meanings:

19         (1)  "Buyer" means a person who purchases at retail

20  from a dealer or manufacturer a mobile home or recreational

21  vehicle for his or her own use as a residence, or other

22  related use.

23         (2)  "Code" means the appropriate standards found in:

24         (a)  The Federal Manufactured Housing Construction and

25  Safety Standards for single-family mobile homes, promulgated

26  by the Department of Housing and Urban Development;

27         (b)  the Uniform Standards Code approved by the

28  American National Standards Institute, ANSI A-119.2 for

29  recreational vehicles and ANSI A-119.5 for park trailers or

30  the United States Department of Housing and Urban Development

31

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  1  standard for park trailers certified as meeting that standard;

  2  or

  3         (c)  The Mobile Home Repair and Remodeling Code and the

  4  Used Recreational Vehicle Code.

  5         (3)  "Construction" means the minimum requirements for

  6  materials, products, equipment, and workmanship needed to

  7  assure that the mobile home or recreational vehicle will

  8  provide structural strength and rigidity; protection against

  9  corrosion, decay, and other similar destructive forces;

10  resistance to the elements; and durability and economy of

11  maintenance.

12         (4)  "Institute" means the American National United

13  States of America Standards Institute.

14         (5)  "Length," for purposes of transportation only,

15  means the distance from the extreme front of the mobile home

16  or recreational vehicle, to the extreme rear, including the

17  drawbar and coupling mechanism, but not including expandable

18  features that do not project from the body during

19  transportation.

20         (6)  "Length of a mobile home" means the distance from

21  the exterior of the front wall (nearest to the drawbar and

22  coupling mechanism) to the exterior of the rear wall (at the

23  opposite end of the home) where such walls enclose living or

24  other interior space and such distance includes expandable

25  rooms but not bay windows, porches, drawbars, couplings,

26  hitches, wall and roof extensions, or other attachments.

27         (6)(7)  "Licensee" means any person licensed or

28  required to be licensed under s. 320.8225.

29         (8)  "Mobile home dealer" means any person engaged in

30  the business of buying, selling, or dealing in mobile homes or

31  offering or displaying mobile homes for sale.  Any person who

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  1  buys, sells, or deals in one or more mobile homes in any

  2  12-month period or who offers or displays for sale one or more

  3  mobile homes in any 12-month period shall be prima facie

  4  presumed to be engaged in the business of a mobile home

  5  dealer.  The terms "selling" and "sale" include lease-purchase

  6  transactions.  The term "mobile home dealer" does not include

  7  a bank, credit union, or finance company that acquires mobile

  8  homes as an incident to its regular business, does not include

  9  a mobile home rental or leasing company that sells mobile

10  homes to mobile home dealers licensed under s. 320.77, and

11  does not include persons who are selling their own mobile

12  homes.

13         (7)(9)  "Recreational vehicle dealer" means any person

14  engaged in the business of buying, selling, or dealing in

15  recreational vehicles or offering or displaying recreational

16  vehicles for sale.  The term "dealer" includes a recreational

17  vehicle broker.  Any person who buys, sells, deals in, or

18  offers or displays for sale, or who acts as the agent for the

19  sale of, one or more recreational vehicles in any 12-month

20  period shall be prima facie presumed to be a dealer.  The

21  terms "selling" and "sale" include lease-purchase

22  transactions.  The term "dealer" does not include banks,

23  credit unions, and finance companies that acquire recreational

24  vehicles as an incident to their regular business and does not

25  include mobile home rental and leasing companies that sell

26  recreational vehicles to dealers licensed under s. 320.771.

27         (10)  "Mobile home manufacturer" means any person,

28  resident or nonresident, who, as a trade or commerce,

29  manufactures or assembles mobile homes.

30         (8)(11)  "Recreational vehicle manufacturer" means any

31  person, resident or nonresident, who, as a trade or commerce,

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  1  manufactures or assembles recreational vehicles or van-type

  2  vehicles in such manner that they then qualify as recreational

  3  vehicles, for sale in this state.

  4         (9)(12)  "Responsible party" means a manufacturer,

  5  dealer, or supplier.

  6         (10)(13)  "Seal" or "label" means a device issued by

  7  the department certifying that a mobile home or recreational

  8  vehicle meets the appropriate code, which device is to be

  9  displayed on the exterior of the mobile home or recreational

10  vehicle.

11         (14)  "Setup" means the operations performed at the

12  occupancy site which render a mobile home or park trailer fit

13  for habitation. Such operations include, but are not limited

14  to, transporting, positioning, blocking, leveling, supporting,

15  tying down, connecting utility systems, making minor

16  adjustments, or assembling multiple or expandable units.

17         (11)(15)  "Substantial defect" means:

18         (a)  Any substantial deficiency or defect in materials

19  or workmanship occurring to a mobile home or recreational

20  vehicle which has been reasonably maintained and cared for in

21  normal use.

22         (b)  Any structural element, utility system, or

23  component of the mobile home or recreational vehicle, which

24  fails to comply with the code.

25         (12)(16)  "Supplier" means the original producer of

26  completed components, including refrigerators, stoves, hot

27  water heaters, dishwashers, cabinets, air conditioners,

28  heating units, and similar components, which are furnished to

29  a manufacturer or dealer for installation in the mobile home

30  or recreational vehicle prior to sale to a buyer.

31

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  1         (17)  "Width of a mobile home" means the distance from

  2  the exterior of one side wall to the exterior of the opposite

  3  side wall where such walls enclose living or other interior

  4  space and such distance includes expandable rooms but not bay

  5  windows, porches, wall and roof extensions, or other

  6  attachments.

  7         (13)(18)  "Body size" of a park trailer, travel

  8  trailer, or fifth-wheel trailer means the distance from the

  9  exterior side or end to the opposite exterior side or end of

10  the body. Such distance includes expandable rooms, bay

11  windows, wall and roof extensions, or other extrusions in the

12  travel mode. The following exceptions apply:

13         (a)  Travel trailers shall not exceed 320 square feet.

14  All square footage measurements are of the exterior when in

15  setup mode, including bay windows.

16         (b)  Park trailers constructed to ANSI A-119.5 shall

17  not exceed 400 square feet. Park trailers constructed to the

18  United States Department of Housing and Urban Development

19  standard shall not exceed 500 square feet. All square footage

20  measurements are of the exterior when in setup mode and do not

21  include bay windows.

22         (b)(c)  Fifth-wheel trailers may not exceed 400 square

23  feet. All square footage measurements are of the exterior when

24  in setup mode, including bay windows.

25         Section 46.  Section 320.8225, Florida Statutes, is

26  amended to read:

27         320.8225  Mobile home and Recreational vehicle

28  manufacturer's license.--

29         (1)  LICENSE REQUIRED.--Any person who engages in the

30  business of a mobile home or recreational vehicle manufacturer

31  in this state, or who manufactures mobile homes or

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  1  recreational vehicles out of state which are ultimately

  2  offered for sale in this state, shall obtain annually a

  3  license for each factory location in this state and for each

  4  factory location out of state which manufactures mobile homes

  5  or recreational vehicles for sale in this state, prior to

  6  distributing mobile homes or recreational vehicles for sale in

  7  this state.

  8         (2)  APPLICATION.--The application for a license shall

  9  be in the form prescribed by the department and shall contain

10  sufficient information to disclose the identity, location, and

11  responsibility of the applicant.  The application shall also

12  include a copy of the warranty and a complete statement of any

13  service agreement or policy to be utilized by the applicant,

14  any information relating to the applicant's solvency and

15  financial standing, and any other pertinent matter

16  commensurate with safeguarding the public.  The department may

17  prescribe an abbreviated application for renewal of a license

18  if the licensee had previously filed an initial application

19  pursuant to this section.  The application for renewal shall

20  include any information necessary to bring current the

21  information required in the initial application.

22         (3)  FEES.--Upon making initial application, the

23  applicant shall pay to the department a fee of $300.  Upon

24  making renewal application, the applicant shall pay to the

25  department a fee of $100.  Any applicant for renewal who has

26  failed to submit his or her renewal application by October 1

27  shall pay a renewal application fee equal to the original

28  application fee.  No fee is refundable.  All fees shall be

29  deposited into the General Revenue Fund.

30

31

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  1         (4)  NONRESIDENT.--Any person applying for a license

  2  who is not a resident of this state shall have designated an

  3  agent for service of process pursuant to s. 48.181.

  4         (5)  REQUIREMENT OF ASSURANCE.--

  5         (a)  Annually, prior to the receipt of a license to

  6  manufacture mobile homes, the applicant or licensee shall

  7  submit a surety bond, cash bond, or letter of credit from a

  8  financial institution, or a proper continuation certificate,

  9  sufficient to assure satisfaction of claims against the

10  licensee for failure to comply with appropriate code

11  standards, failure to provide warranty service, or violation

12  of any provisions of this section. The amount of the surety

13  bond, cash bond, or letter of credit shall be $50,000. Only

14  one surety bond, cash bond, or letter of credit shall be

15  required for each manufacturer, regardless of the number of

16  factory locations. The surety bond, cash bond, or letter of

17  credit shall be to the department, in favor of any retail

18  customer who shall suffer loss arising out of noncompliance

19  with code standards or failure to honor or provide warranty

20  service. The department shall have the right to disapprove any

21  bond or letter of credit that does not provide assurance as

22  provided in this section.

23         (a)(b)  Annually, prior to the receipt of a license to

24  manufacture recreational vehicles, the applicant or licensee

25  shall submit a surety bond, or a proper continuation

26  certificate, sufficient to assure satisfaction of claims

27  against the licensee for failure to comply with appropriate

28  code standards, failure to provide warranty service, or

29  violation of any provisions of this section.  The amount of

30  the surety bond shall be $10,000 per year. The surety bond

31  shall be to the department, in favor of any retail customer

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  1  who shall suffer loss arising out of noncompliance with code

  2  standards or failure to honor or provide warranty service. The

  3  department shall have the right to disapprove any bond which

  4  does not provide assurance as provided in this section.

  5         (b)(c)  The department shall adopt rules pursuant to

  6  chapter 120 consistent with this section in providing

  7  assurance of satisfaction of claims.

  8         (c)(d)  The department shall, upon denial, suspension,

  9  or revocation of any license, notify the surety company of the

10  licensee, in writing, that the license has been denied,

11  suspended, or revoked and shall state the reason for such

12  denial, suspension, or revocation.

13         (d)(e)  Any surety company which pays any claim against

14  the bond of any licensee shall notify the department, in

15  writing, that it has paid such a claim and shall state the

16  amount of the claim.

17         (e)(f)  Any surety company which cancels the bond of

18  any licensee shall notify the department, in writing, of such

19  cancellation, giving reason for the cancellation.

20         (6)  LICENSE YEAR.--A license issued to a mobile home

21  or recreational vehicle manufacturer entitles the licensee to

22  conduct the business of a mobile home or recreational vehicle

23  manufacturer for a period of 1 year from October 1 preceding

24  the date of issuance.

25         (7)  DENIAL OF LICENSE.--The department may deny a

26  mobile home or recreational vehicle manufacturer's license on

27  the ground that:

28         (a)  The applicant has made a material misstatement in

29  his or her application for a license.

30         (b)  The applicant has failed to comply with any

31  applicable provision of this chapter.

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  1         (c)  The applicant has failed to provide warranty

  2  service.

  3         (d)  The applicant or one or more of his or her

  4  principals or agents has violated any law, rule, or regulation

  5  relating to the manufacture or sale of mobile homes or

  6  recreational vehicles.

  7         (e)  The department has proof of unfitness of the

  8  applicant.

  9         (f)  The applicant or licensee has engaged in previous

10  conduct in any state which would have been a ground for

11  revocation or suspension of a license in this state.

12         (g)  The applicant or licensee has violated any of the

13  provisions of the code relating to recreational vehicles of

14  the National Mobile Home Construction and Safety Standards Act

15  of 1974 or any rule or regulation of the Department of Housing

16  and Urban Development promulgated thereunder.

17

18  Upon denial of a license, the department shall notify the

19  applicant within 10 days, stating in writing its grounds for

20  denial.  The applicant is entitled to a public hearing and may

21  request that such hearing be held within 45 days of denial of

22  the license.  All proceedings shall be pursuant to chapter

23  120.

24         (8)  REVOCATION OR SUSPENSION OF LICENSE.--The

25  department shall suspend or, in the case of a subsequent

26  offense, shall revoke any license upon a finding that the

27  licensee violated any provision of this chapter or any other

28  law of this state regarding the manufacture, warranty, or sale

29  of mobile homes or recreational vehicles.  When any license

30  has been revoked or suspended by the department, it may be

31  reinstated if the department finds that the former licensee

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  1  has complied with all applicable requirements of this chapter

  2  and an application for a license is refiled pursuant to this

  3  section.

  4         (9)  CIVIL PENALTIES; PROCEDURE.--In addition to the

  5  exercise of other powers provided in this section, the

  6  department is authorized to assess, impose, levy, and collect

  7  by legal process a civil penalty, in an amount not to exceed

  8  $1,000 for each violation, against any licensee if it finds

  9  that a licensee has violated any provision of this section or

10  has violated any other law of this state having to do with

11  dealing in motor vehicles.  Any licensee shall be entitled to

12  a hearing pursuant to chapter 120 should the licensee wish to

13  contest the fine levied, or about to be levied, upon him or

14  her.

15         Section 47.  Subsection (1) of section 320.8231,

16  Florida Statutes, is amended to read:

17         320.8231  Establishment of uniform standards for

18  recreational vehicle-type units and park trailers.--

19         (1)  Each recreational vehicle-type unit, as defined in

20  s. 320.01(1)(b), manufactured in this state or manufactured

21  outside this state but sold or offered for sale in this state

22  shall meet the Uniform Standards Code ANSI book A-119.2 or

23  A-119.5, as applicable, approved by the American National

24  Standards Institute. Such standards shall include, but are not

25  limited to, standards for the installation of plumbing,

26  heating, and electrical systems and fire and life safety in

27  recreational vehicle-type units and park trailers. However,

28  those park trailers exceeding 400 square feet shall meet the

29  Federal Manufactured Home Construction and Safety Standards

30  and shall have a United States Department of Housing and Urban

31  Development label.

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  1         Section 48.  Section 320.8232, Florida Statutes, is

  2  amended to read:

  3         320.8232  Establishment of uniform standards for used

  4  recreational vehicles and repair and remodeling code for

  5  mobile homes.--

  6         (1)  Each used recreational vehicle manufactured after

  7  January 1, 1968, and sold or offered for sale in this state by

  8  a dealer or manufacturer shall meet the standards of the Used

  9  Recreational Vehicle Code.  The provisions of said code shall

10  ensure safe and livable housing and shall not be more

11  stringent than those standards required to be met in the

12  manufacture of recreational vehicles.  Such provisions shall

13  include, but not be limited to, standards for structural

14  adequacy, plumbing, heating, electrical systems, and fire and

15  life safety.

16         (2)  The provisions of the repair and remodeling code

17  shall ensure safe and livable housing and shall not be more

18  stringent than those standards required to be met in the

19  manufacture of mobile homes.  Such provisions shall include,

20  but not be limited to, standards for structural adequacy,

21  plumbing, heating, electrical systems, and fire and life

22  safety.

23         Section 49.  Section 320.824, Florida Statutes, 1998

24  Supplement, is amended to read:

25         320.824  Changes and modifications of standards.--

26         (1)  The department may adopt by rule changes in, or

27  additions to, the standards adopted in s. 320.823 or s.

28  320.8231, which are approved and officially published by the

29  institute or promulgated by the Department of Housing and

30  Urban Development subsequent to the effective date of this

31  act.

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  1         (2)  The department or its authorized agent may enter

  2  any place or establishment where mobile homes are

  3  manufactured, sold, or offered for sale, for the purpose of

  4  ascertaining whether the requirements of the code and the

  5  rules adopted by the department have been met.

  6         Section 50.  Section 320.8245, Florida Statutes, is

  7  amended to read:

  8         320.8245  Limitation of alteration or modification to

  9  mobile homes or recreational vehicles.--

10         (1)  LIMITATION OF ALTERATIONS OR MODIFICATIONS.--No

11  alteration or modification shall be made to a mobile home or

12  recreational vehicle by a licensed dealer after shipment from

13  the manufacturer's plant unless such alteration or

14  modification is authorized in this section.

15         (2)  EFFECT ON MOBILE HOME WARRANTY.--Unless an

16  alteration or modification is performed by a qualified person

17  as defined in subsection (4), the warranty responsibility of

18  the manufacturer as to the altered or modified item shall be

19  void.

20         (a)  An alteration or modification performed by a

21  mobile home or recreational vehicle dealer or his or her agent

22  or employee shall place warranty responsibility for the

23  altered or modified item upon the dealer. If the manufacturer

24  fulfills, or is required to fulfill, the warranty on the

25  altered or modified item, he or she shall be entitled to

26  recover damages in the amount of his or her costs and

27  attorneys' fees from the dealer.

28         (b)  An alteration or modification performed by a

29  mobile home or recreational vehicle owner or his or her agent

30  shall render the manufacturer's warranty as to that item void.

31  A statement shall be displayed clearly and conspicuously on

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  1  the face of the warranty that the warranty is void as to the

  2  altered or modified item if the alteration or modification is

  3  performed by other than a qualified person.  Failure to

  4  display such statement shall result in warranty responsibility

  5  on the manufacturer.

  6         (3)  AUTHORITY OF THE DEPARTMENT.--The department is

  7  authorized to promulgate rules and regulations pursuant to

  8  chapter 120 which define the alterations or modifications

  9  which must be made by qualified personnel.  The department may

10  regulate only those alterations and modifications which

11  substantially impair the structural integrity or safety of the

12  recreational vehicle mobile home.

13         (4)  DESIGNATION AS A QUALIFIED PERSON.--

14         (a)  In order to be designated as a person qualified to

15  alter or modify a mobile home or recreational vehicle, a

16  person must comply with local or county licensing or

17  competency requirements in skills relevant to performing

18  alterations or modifications on mobile homes or recreational

19  vehicles.

20         (b)  When no local or county licensing or competency

21  requirements exist, the department may certify persons to

22  perform recreational vehicle mobile home alterations or

23  modifications.  The department shall by rule or regulation

24  determine what skills and competency requirements are

25  requisite to the issuance of a certification.  A fee

26  sufficient to cover the costs of issuing certifications may be

27  charged by the department.  The certification shall be valid

28  for a period which terminates when the county or other local

29  governmental unit enacts relevant competency or licensing

30  requirements.  The certification shall be valid only in

31

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  1  counties or localities without licensing or competency

  2  requirements.

  3         (c)  The department shall determine which counties and

  4  localities have licensing or competency requirements adequate

  5  to eliminate the requirement of certification.  This

  6  determination shall be based on a review of the relevant

  7  county or local standards for adequacy in regulating persons

  8  who perform alterations or modifications to recreational

  9  vehicles mobile homes. The department shall find local or

10  county standards adequate when minimal licensing or competency

11  standards are provided.

12         Section 51.  Section 320.8256, Florida Statutes, is

13  amended to read:

14         320.8256  Recreational vehicle inspection.--

15         (1)  In order to ensure the highest degree of quality

16  control in the construction of new recreational vehicles and

17  to ensure the safe condition of used recreational vehicles,

18  each new or used recreational vehicle sold in the state shall

19  be inspected by licensed recreational vehicle dealers offering

20  such unit for sale.

21         (2)  The department shall determine a fee for the seal

22  authorized under s. 320.827 which is sufficient to cover the

23  cost of producing and issuing the seal. Fees collected shall

24  be deposited into the General Revenue Fund.

25         Section 52.  Section 320.834, Florida Statutes, is

26  amended to read:

27         320.834  Purpose.--It is the intent of the Legislature

28  to ensure the safety and welfare of residents of recreational

29  vehicles mobile homes through an inspection program conducted

30  by the Department of Highway Safety and Motor Vehicles.

31  Mobile homes are a primary housing resource of many of the

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  1  residents of the state and satisfy a large segment of

  2  statewide housing needs.  It is the further intent of the

  3  Legislature that the department, recreational vehicle mobile

  4  home dealers, and recreational vehicle mobile home

  5  manufacturers continue to work together to meet the applicable

  6  code requirements for recreational vehicles mobile homes and

  7  that such dealers and manufacturers share the responsibilities

  8  of warranting recreational vehicles mobile homes in accordance

  9  with applicable codes and resolving legitimate consumer

10  complaints in a timely, efficient manner.

11         Section 53.  Section 320.835, Florida Statutes, is

12  amended to read:

13         320.835  Mobile home and Recreational vehicle

14  warranties.--Each manufacturer, dealer, and supplier of mobile

15  homes or recreational vehicles shall warrant each new mobile

16  home or recreational vehicle sold in this state and the setup

17  of each such mobile home, in accordance with the warranty

18  requirements prescribed by this section, for a period of at

19  least 12 months, measured from the date of delivery of the

20  mobile home to the buyer or the date of sale of the

21  recreational vehicle.  The warranty requirements of each

22  manufacturer, dealer, and supplier of mobile homes or

23  recreational vehicles are as follows:

24         (1)  The manufacturer warrants:

25         (a)  for a mobile home or recreational vehicle, that

26  all structural elements; plumbing systems; heating, cooling,

27  and fuel-burning systems; electrical systems; fire prevention

28  systems; and any other components or conditions included by

29  the manufacturer are free from substantial defect.

30         (b)  That 100-ampere electrical service exists in the

31  mobile home.

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  1         (2)  The dealer warrants:

  2         (a)  that any modifications or alterations made to the

  3  mobile home or recreational vehicle by the dealer or

  4  authorized by the dealer shall be free from substantial

  5  defect. Alterations or modifications made by a dealer shall

  6  relieve the manufacturer of warranty responsibility only as to

  7  the item altered or modified.

  8         (b)  That setup operations performed on the mobile home

  9  are performed in compliance with s. 320.8325.

10         (c)  That substantial defects do not occur to the

11  mobile home during setup or by transporting it to the

12  occupancy site.

13

14  When the setup of a mobile home is performed by a person who

15  is not an employee or agent of the mobile home manufacturer or

16  dealer and is not compensated or authorized by, or connected

17  with, such manufacturer or dealer, then the warranty

18  responsibility of the manufacturer or dealer as to setup shall

19  be limited to transporting the mobile home to the occupancy

20  site free from substantial defect.

21         (3)  The supplier warrants that any warranties

22  generally offered in the ordinary sale of his or her product

23  to consumers shall be extended to buyers of mobile homes and

24  recreational vehicles.  When no warranty is extended by

25  suppliers, the manufacturer shall assume warranty

26  responsibility for that component.

27         Section 54.  Section 320.865, Florida Statutes, is

28  amended to read:

29         320.865  Maintenance of records by the department.--The

30  department shall maintain uniform records of all complaints

31  filed against licensees licensed under the provisions of ss.

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  1  320.27, 320.61, 320.77, 320.771, and 320.8225, any other

  2  provision of this chapter to the contrary notwithstanding. The

  3  records shall contain all enforcement actions taken against

  4  licensees and against unlicensed persons acting in a capacity

  5  which would require them to be licensed under those sections.

  6  The permanent file of each licensee and unlicensed person

  7  shall contain a record of any complaints filed against him or

  8  her and a record of any enforcement actions taken against him

  9  or her.  All complaints and satisfactions thereof and

10  enforcement actions on each licensee and unlicensed person

11  shall be entered into the central database in such a manner

12  that rapid retrieval will be facilitated.  The complainant and

13  the referring agency, if there is one, shall be advised of the

14  disposition by the department of the complaint within 10 days

15  of such action.

16         Section 55.  Subsection (3) of section 325.202, Florida

17  Statutes, is amended to read:

18         325.202  Definitions.--As used in this act, the term:

19         (3)  "Dealer certificate" means an inspection

20  certificate issued to a motor vehicle dealer, motor vehicle

21  broker as defined in s. 320.07, mobile home dealer as defined

22  in s. 553.432 320.77, or recreational vehicle dealer as

23  defined in s. 320.771, indicating that a motor vehicle has

24  passed an emissions inspection, which grants the dealer or

25  broker 12 months in which to sell at retail the identified

26  motor vehicle owned by the dealer or broker.

27         Section 56.  Subsection (8) of section 325.203, Florida

28  Statutes, is amended to read:

29         325.203  Motor vehicles subject to annual inspection;

30  exemptions.--

31

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  1         (8)  A motor vehicle dealer, motor vehicle broker as

  2  defined in s. 320.27, mobile home dealer as defined in s.

  3  553.432 320.77, recreational vehicle dealer as defined in s.

  4  320.771, governmental agency subject to subsection (5), or

  5  person located in a program area may not sell at retail any

  6  motor vehicle that is subject to inspection under this act and

  7  that is to be registered in a program area unless the motor

  8  vehicle has received a valid inspection certificate within 180

  9  days before sale or received a valid dealer certificate within

10  12 months before sale. If a motor vehicle is purchased outside

11  the program area and is required to be registered in the

12  program area, the purchaser must meet the inspection

13  requirements of this act before such registration.

14         Section 57.  Subsections (2) and (4) and paragraph (a)

15  of subsection (6) of section 325.213, Florida Statutes, are

16  amended to read:

17         325.213  Self-inspectors.--

18         (2)  Any applicant shall pay to the department a

19  nonrefundable fee of $100 in addition to any other fees

20  required by law.  Upon making a renewal application, the

21  applicant shall pay to the department a nonrefundable fee of

22  $50 in addition to any other fees required by law.  If the

23  applicant is a motor vehicle or mobile home dealer licensed

24  under s. 320.27 or s. 320.77, or a recreational vehicle dealer

25  licensed under s. 320.771, the nonrefundable application fee

26  and subsequent nonrefundable renewal application fee is $25,

27  in addition to any other fees required by law.

28         (4)  Each self-inspector license issued by the

29  department is valid for the year of issue and shall expire

30  annually on December 31 unless revoked or suspended prior to

31  that date.  The self-inspector license for a motor vehicle,

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  1  mobile home dealer, and recreational vehicle dealer shall

  2  expire annually on the same date that the dealer license

  3  issued pursuant to the provisions of s. 320.27, s. 320.77, or

  4  s. 320.771 expires.  A renewal application made subsequent to

  5  the expiration date must be accompanied by a delinquency fee

  6  of $50 in addition to the renewal application fee prescribed

  7  in subsection (2).

  8         (6)(a)  Prior to the issuance of a self-inspector

  9  license, the applicant shall deliver to the department a good

10  and sufficient surety bond or irrevocable letter of credit,

11  executed by the applicant as principal, in the sum of $5,000.

12  If the applicant is a motor vehicle dealer, a mobile home

13  dealer, or a recreational vehicle dealer licensed by the

14  department, this requirement shall be waived in lieu of the

15  surety bond required under s. 320.27, s. 320.77, or s.

16  320.771.  A surety bond or letter of credit is not required if

17  the applicant is a state or local government agency.

18         Section 58.  Paragraph (b) of subsection (2) of section

19  627.351, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         627.351  Insurance risk apportionment plans.--

22         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

23         (b)  The department shall require all insurers holding

24  a certificate of authority to transact property insurance on a

25  direct basis in this state, other than joint underwriting

26  associations and other entities formed pursuant to this

27  section, to provide windstorm coverage to applicants from

28  areas determined to be eligible pursuant to paragraph (c) who

29  in good faith are entitled to, but are unable to procure, such

30  coverage through ordinary means; or it shall adopt a

31  reasonable plan or plans for the equitable apportionment or

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  1  sharing among such insurers of windstorm coverage, which may

  2  include formation of an association for this purpose. As used

  3  in this subsection, the term "property insurance" means

  4  insurance on real or personal property, as defined in s.

  5  624.604, including insurance for fire, industrial fire, allied

  6  lines, farmowners multiperil, homeowners' multiperil,

  7  commercial multiperil, and mobile homes, and including

  8  liability coverages on all such insurance, but excluding

  9  inland marine as defined in s. 624.607(3) and excluding

10  vehicle insurance as defined in s. 624.605(1)(a) other than

11  insurance on mobile homes used as permanent dwellings. The

12  department shall adopt rules that provide a formula for the

13  recovery and repayment of any deferred assessments.

14         1.  For the purpose of this section, properties

15  eligible for such windstorm coverage are defined as dwellings,

16  buildings, and other structures, including mobile homes which

17  are used as dwellings and which are tied down in compliance

18  with mobile home tie-down requirements prescribed by the

19  Division of Factory-built Housing of the Department of

20  Community Affairs Highway Safety and Motor Vehicles pursuant

21  to s. 553.445 320.8325, and the contents of all such

22  properties. An applicant or policyholder is eligible for

23  coverage only if an offer of coverage cannot be obtained by or

24  for the applicant or policyholder from an admitted insurer at

25  approved rates.

26         2.a.(I)  All insurers required to be members of such

27  association shall participate in its writings, expenses, and

28  losses. Surplus of the association shall be retained for the

29  payment of claims and shall not be distributed to the member

30  insurers. Such participation by member insurers shall be in

31  the proportion that the net direct premiums of each member

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  1  insurer written for property insurance in this state during

  2  the preceding calendar year bear to the aggregate net direct

  3  premiums for property insurance of all member insurers, as

  4  reduced by any credits for voluntary writings, in this state

  5  during the preceding calendar year. For the purposes of this

  6  subsection, the term "net direct premiums" means direct

  7  written premiums for property insurance, reduced by premium

  8  for liability coverage and for the following if included in

  9  allied lines: rain and hail on growing crops; livestock;

10  association direct premiums booked; National Flood Insurance

11  Program direct premiums; and similar deductions specifically

12  authorized by the plan of operation and approved by the

13  department. A member's participation shall begin on the first

14  day of the calendar year following the year in which it is

15  issued a certificate of authority to transact property

16  insurance in the state and shall terminate 1 year after the

17  end of the calendar year during which it no longer holds a

18  certificate of authority to transact property insurance in the

19  state. The commissioner, after review of annual statements,

20  other reports, and any other statistics that the commissioner

21  deems necessary, shall certify to the association the

22  aggregate direct premiums written for property insurance in

23  this state by all member insurers.

24         (II)  The plan of operation shall provide for a board

25  of directors consisting of the Insurance Consumer Advocate

26  appointed under s. 627.0613, 1 consumer representative

27  appointed by the Insurance Commissioner, 1 consumer

28  representative appointed by the Governor, and 12 additional

29  members appointed as specified in the plan of operation. One

30  of the 12 additional members shall be elected by the domestic

31  companies of this state on the basis of cumulative weighted

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  1  voting based on the net direct premiums of domestic companies

  2  in this state. Nothing in the 1997 amendments to this

  3  paragraph terminates the existing board or the terms of any

  4  members of the board.

  5         (III)  The plan of operation shall provide a formula

  6  whereby a company voluntarily providing windstorm coverage in

  7  affected areas will be relieved wholly or partially from

  8  apportionment of a regular assessment pursuant to

  9  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).

10         (IV)  A company which is a member of a group of

11  companies under common management may elect to have its

12  credits applied on a group basis, and any company or group may

13  elect to have its credits applied to any other company or

14  group.

15         (V)  There shall be no credits or relief from

16  apportionment to a company for emergency assessments collected

17  from its policyholders under sub-sub-subparagraph d.(III).

18         (VI)  The plan of operation may also provide for the

19  award of credits, for a period not to exceed 3 years, from a

20  regular assessment pursuant to sub-sub-subparagraph d.(I) or

21  sub-sub-subparagraph d.(II) as an incentive for taking

22  policies out of the Residential Property and Casualty Joint

23  Underwriting Association.  In order to qualify for the

24  exemption under this sub-sub-subparagraph, the take-out plan

25  must provide that at least 40 percent of the policies removed

26  from the Residential Property and Casualty Joint Underwriting

27  Association cover risks located in Dade, Broward, and Palm

28  Beach Counties or at least 30 percent of the policies so

29  removed cover risks located in Dade, Broward, and Palm Beach

30  Counties and an additional 50 percent of the policies so

31  removed cover risks located in other coastal counties, and

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  1  must also provide that no more than 15 percent of the policies

  2  so removed may exclude windstorm coverage.  With the approval

  3  of the department, the association may waive these geographic

  4  criteria for a take-out plan that removes at least the lesser

  5  of 100,000 Residential Property and Casualty Joint

  6  Underwriting Association policies or 15 percent of the total

  7  number of Residential Property and Casualty Joint Underwriting

  8  Association policies, provided the governing board of the

  9  Residential Property and Casualty Joint Underwriting

10  Association certifies that the take-out plan will materially

11  reduce the Residential Property and Casualty Joint

12  Underwriting Association's 100-year probable maximum loss from

13  hurricanes.  With the approval of the department, the board

14  may extend such credits for an additional year if the insurer

15  guarantees an additional year of renewability for all policies

16  removed from the Residential Property and Casualty Joint

17  Underwriting Association, or for 2 additional years if the

18  insurer guarantees 2 additional years of renewability for all

19  policies removed from the Residential Property and Casualty

20  Joint Underwriting Association.

21         b.  Assessments to pay deficits in the association

22  under this subparagraph shall be included as an appropriate

23  factor in the making of rates as provided in s. 627.3512.

24         c.  The Legislature finds that the potential for

25  unlimited deficit assessments under this subparagraph may

26  induce insurers to attempt to reduce their writings in the

27  voluntary market, and that such actions would worsen the

28  availability problems that the association was created to

29  remedy. It is the intent of the Legislature that insurers

30  remain fully responsible for paying regular assessments and

31  collecting emergency assessments for any deficits of the

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  1  association; however, it is also the intent of the Legislature

  2  to provide a means by which assessment liabilities may be

  3  amortized over a period of years.

  4         d.(I)  When the deficit incurred in a particular

  5  calendar year is 10 percent or less of the aggregate statewide

  6  direct written premium for property insurance for the prior

  7  calendar year for all member insurers, the association shall

  8  levy an assessment on member insurers in an amount equal to

  9  the deficit.

10         (II)  When the deficit incurred in a particular

11  calendar year exceeds 10 percent of the aggregate statewide

12  direct written premium for property insurance for the prior

13  calendar year for all member insurers, the association shall

14  levy an assessment on member insurers in an amount equal to

15  the greater of 10 percent of the deficit or 10 percent of the

16  aggregate statewide direct written premium for property

17  insurance for the prior calendar year for member insurers. Any

18  remaining deficit shall be recovered through emergency

19  assessments under sub-sub-subparagraph (III).

20         (III)  Upon a determination by the board of directors

21  that a deficit exceeds the amount that will be recovered

22  through regular assessments on member insurers, pursuant to

23  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

24  board shall levy, after verification by the department,

25  emergency assessments to be collected by member insurers and

26  by underwriting associations created pursuant to this section

27  which write property insurance, upon issuance or renewal of

28  property insurance policies other than National Flood

29  Insurance policies in the year or years following levy of the

30  regular assessments. The amount of the emergency assessment

31  collected in a particular year shall be a uniform percentage

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  1  of that year's direct written premium for property insurance

  2  for all member insurers and underwriting associations,

  3  excluding National Flood Insurance policy premiums, as

  4  annually determined by the board and verified by the

  5  department. The department shall verify the arithmetic

  6  calculations involved in the board's determination within 30

  7  days after receipt of the information on which the

  8  determination was based. Notwithstanding any other provision

  9  of law, each member insurer and each underwriting association

10  created pursuant to this section shall collect emergency

11  assessments from its policyholders without such obligation

12  being affected by any credit, limitation, exemption, or

13  deferment.  The emergency assessments so collected shall be

14  transferred directly to the association on a periodic basis as

15  determined by the association. The aggregate amount of

16  emergency assessments levied under this sub-sub-subparagraph

17  in any calendar year may not exceed the greater of 10 percent

18  of the amount needed to cover the original deficit, plus

19  interest, fees, commissions, required reserves, and other

20  costs associated with financing of the original deficit, or 10

21  percent of the aggregate statewide direct written premium for

22  property insurance written by member insurers and underwriting

23  associations for the prior year, plus interest, fees,

24  commissions, required reserves, and other costs associated

25  with financing the original deficit. The board may pledge the

26  proceeds of the emergency assessments under this

27  sub-sub-subparagraph as the source of revenue for bonds, to

28  retire any other debt incurred as a result of the deficit or

29  events giving rise to the deficit, or in any other way that

30  the board determines will efficiently recover the deficit. The

31  emergency assessments under this sub-sub-subparagraph shall

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  1  continue as long as any bonds issued or other indebtedness

  2  incurred with respect to a deficit for which the assessment

  3  was imposed remain outstanding, unless adequate provision has

  4  been made for the payment of such bonds or other indebtedness

  5  pursuant to the document governing such bonds or other

  6  indebtedness. Emergency assessments collected under this

  7  sub-sub-subparagraph are not part of an insurer's rates, are

  8  not premium, and are not subject to premium tax, fees, or

  9  commissions; however, failure to pay the emergency assessment

10  shall be treated as failure to pay premium.

11         (IV)  Each member insurer's share of the total regular

12  assessments under sub-sub-subparagraph (I) or

13  sub-sub-subparagraph (II) shall be in the proportion that the

14  insurer's net direct premium for property insurance in this

15  state, for the year preceding the assessment bears to the

16  aggregate statewide net direct premium for property insurance

17  of all member insurers, as reduced by any credits for

18  voluntary writings for that year.

19         (V)  If regular deficit assessments are made under

20  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

21  the Residential Property and Casualty Joint Underwriting

22  Association under sub-subparagraph (6)(b)3.a. or

23  sub-subparagraph (6)(b)3.b., the association shall levy upon

24  the association's policyholders, as part of its next rate

25  filing, or by a separate rate filing solely for this purpose,

26  a market equalization surcharge in a percentage equal to the

27  total amount of such regular assessments divided by the

28  aggregate statewide direct written premium for property

29  insurance for member insurers for the prior calendar year.

30  Market equalization surcharges under this sub-sub-subparagraph

31  are not considered premium and are not subject to commissions,

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  1  fees, or premium taxes; however, failure to pay a market

  2  equalization surcharge shall be treated as failure to pay

  3  premium.

  4         e.  The governing body of any unit of local government,

  5  any residents of which are insured under the plan, may issue

  6  bonds as defined in s. 125.013 or s. 166.101 to fund an

  7  assistance program, in conjunction with the association, for

  8  the purpose of defraying deficits of the association. In order

  9  to avoid needless and indiscriminate proliferation,

10  duplication, and fragmentation of such assistance programs,

11  any unit of local government, any residents of which are

12  insured by the association, may provide for the payment of

13  losses, regardless of whether or not the losses occurred

14  within or outside of the territorial jurisdiction of the local

15  government. Revenue bonds may not be issued until validated

16  pursuant to chapter 75, unless a state of emergency is

17  declared by executive order or proclamation of the Governor

18  pursuant to s. 252.36 making such findings as are necessary to

19  determine that it is in the best interests of, and necessary

20  for, the protection of the public health, safety, and general

21  welfare of residents of this state and the protection and

22  preservation of the economic stability of insurers operating

23  in this state, and declaring it an essential public purpose to

24  permit certain municipalities or counties to issue bonds as

25  will provide relief to claimants and policyholders of the

26  association and insurers responsible for apportionment of plan

27  losses. Any such unit of local government may enter into such

28  contracts with the association and with any other entity

29  created pursuant to this subsection as are necessary to carry

30  out this paragraph. Any bonds issued under this

31  sub-subparagraph shall be payable from and secured by moneys

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  1  received by the association from assessments under this

  2  subparagraph, and assigned and pledged to or on behalf of the

  3  unit of local government for the benefit of the holders of

  4  such bonds. The funds, credit, property, and taxing power of

  5  the state or of the unit of local government shall not be

  6  pledged for the payment of such bonds. If any of the bonds

  7  remain unsold 60 days after issuance, the department shall

  8  require all insurers subject to assessment to purchase the

  9  bonds, which shall be treated as admitted assets; each insurer

10  shall be required to purchase that percentage of the unsold

11  portion of the bond issue that equals the insurer's relative

12  share of assessment liability under this subsection. An

13  insurer shall not be required to purchase the bonds to the

14  extent that the department determines that the purchase would

15  endanger or impair the solvency of the insurer. The authority

16  granted by this sub-subparagraph is additional to any bonding

17  authority granted by subparagraph 6.

18         3.  The plan shall also provide that any member with a

19  surplus as to policyholders of $20 million or less writing 25

20  percent or more of its total countrywide property insurance

21  premiums in this state may petition the department, within the

22  first 90 days of each calendar year, to qualify as a limited

23  apportionment company. The apportionment of such a member

24  company in any calendar year for which it is qualified shall

25  not exceed its gross participation, which shall not be

26  affected by the formula for voluntary writings. In no event

27  shall a limited apportionment company be required to

28  participate in any apportionment of losses pursuant to

29  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)

30  in the aggregate which exceeds $50 million after payment of

31  available plan funds in any calendar year. However, a limited

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  1  apportionment company shall collect from its policyholders any

  2  emergency assessment imposed under sub-sub-subparagraph

  3  2.d.(III). The plan shall provide that, if the department

  4  determines that any regular assessment will result in an

  5  impairment of the surplus of a limited apportionment company,

  6  the department may direct that all or part of such assessment

  7  be deferred. However, there shall be no limitation or

  8  deferment of an emergency assessment to be collected from

  9  policyholders under sub-sub-subparagraph 2.d.(III).

10         4.  The plan shall provide for the deferment, in whole

11  or in part, of a regular assessment of a member insurer under

12  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

13  but not for an emergency assessment collected from

14  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

15  opinion of the commissioner, payment of such regular

16  assessment would endanger or impair the solvency of the member

17  insurer. In the event a regular assessment against a member

18  insurer is deferred in whole or in part, the amount by which

19  such assessment is deferred may be assessed against the other

20  member insurers in a manner consistent with the basis for

21  assessments set forth in sub-sub-subparagraph 2.d.(I) or

22  sub-sub-subparagraph 2.d.(II).

23         5.a.  The plan of operation may include deductibles and

24  rules for classification of risks and rate modifications

25  consistent with the objective of providing and maintaining

26  funds sufficient to pay catastrophe losses.

27         b.  The association may require arbitration of a rate

28  filing under s. 627.062(6). It is the intent of the

29  Legislature that the rates for coverage provided by the

30  association be actuarially sound and not competitive with

31  approved rates charged in the admitted voluntary market such

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  1  that the association functions as a residual market mechanism

  2  to provide insurance only when the insurance cannot be

  3  procured in the voluntary market.  The plan of operation shall

  4  provide a mechanism to assure that, beginning no later than

  5  January 1, 1999, the rates charged by the association for each

  6  line of business are reflective of approved rates in the

  7  voluntary market for hurricane coverage for each line of

  8  business in the various areas eligible for association

  9  coverage.

10         c.  The association shall provide for windstorm

11  coverage on residential properties in limits up to $10 million

12  for commercial lines residential risks and up to $1 million

13  for personal lines residential risks. If coverage with the

14  association is sought for a residential risk valued in excess

15  of these limits, coverage shall be available to the risk up to

16  the replacement cost or actual cash value of the property, at

17  the option of the insured, if coverage for the risk cannot be

18  located in the authorized market. The association must accept

19  a commercial lines residential risk with limits above $10

20  million or a personal lines residential risk with limits above

21  $1 million if coverage is not available in the authorized

22  market.  The association may write coverage above the limits

23  specified in this subparagraph with or without facultative or

24  other reinsurance coverage, as the association determines

25  appropriate.

26         d.  The plan of operation must provide objective

27  criteria and procedures, approved by the department, to be

28  uniformly applied for all applicants in determining whether an

29  individual risk is so hazardous as to be uninsurable. In

30  making this determination and in establishing the criteria and

31  procedures, the following shall be considered:

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  1         (I)  Whether the likelihood of a loss for the

  2  individual risk is substantially higher than for other risks

  3  of the same class; and

  4         (II)  Whether the uncertainty associated with the

  5  individual risk is such that an appropriate premium cannot be

  6  determined.

  7

  8  The acceptance or rejection of a risk by the association

  9  pursuant to such criteria and procedures must be construed as

10  the private placement of insurance, and the provisions of

11  chapter 120 do not apply.

12         e.  The policies issued by the association must provide

13  that if the association obtains an offer from an authorized

14  insurer to cover the risk at its approved rates under either a

15  standard policy including wind coverage or, if consistent with

16  the insurer's underwriting rules as filed with the department,

17  a basic policy including wind coverage, the risk is no longer

18  eligible for coverage through the association. Upon

19  termination of eligibility, the association shall provide

20  written notice to the policyholder and agent of record stating

21  that the association policy must be canceled as of 60 days

22  after the date of the notice because of the offer of coverage

23  from an authorized insurer. Other provisions of the insurance

24  code relating to cancellation and notice of cancellation do

25  not apply to actions under this sub-subparagraph.

26         f.  Association policies and applications must include

27  a notice that the association policy could, under this

28  section, be replaced with a policy issued by an authorized

29  insurer that does not provide coverage identical to the

30  coverage provided by the association. The notice shall also

31  specify that acceptance of association coverage creates a

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  1  conclusive presumption that the applicant or policyholder is

  2  aware of this potential.

  3         6.a.  The plan of operation may authorize the formation

  4  of a private nonprofit corporation, a private nonprofit

  5  unincorporated association, a partnership, a trust, a limited

  6  liability company, or a nonprofit mutual company which may be

  7  empowered, among other things, to borrow money by issuing

  8  bonds or by incurring other indebtedness and to accumulate

  9  reserves or funds to be used for the payment of insured

10  catastrophe losses. The plan may authorize all actions

11  necessary to facilitate the issuance of bonds, including the

12  pledging of assessments or other revenues.

13         b.  Any entity created under this subsection, or any

14  entity formed for the purposes of this subsection, may sue and

15  be sued, may borrow money; issue bonds, notes, or debt

16  instruments; pledge or sell assessments, market equalization

17  surcharges and other surcharges, rights, premiums, contractual

18  rights, projected recoveries from the Florida Hurricane

19  Catastrophe Fund, other reinsurance recoverables, and other

20  assets as security for such bonds, notes, or debt instruments;

21  enter into any contracts or agreements necessary or proper to

22  accomplish such borrowings; and take other actions necessary

23  to carry out the purposes of this subsection. The association

24  may issue bonds or incur other indebtedness, or have bonds

25  issued on its behalf by a unit of local government pursuant to

26  subparagraph (g)2., in the absence of a hurricane or other

27  weather-related event, upon a determination by the association

28  subject to approval by the department that such action would

29  enable it to efficiently meet the financial obligations of the

30  association and that such financings are reasonably necessary

31  to effectuate the requirements of this subsection. Any such

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  1  entity may accumulate reserves and retain surpluses as of the

  2  end of any association year to provide for the payment of

  3  losses incurred by the association during that year or any

  4  future year. The association shall incorporate and continue

  5  the plan of operation and articles of agreement in effect on

  6  the effective date of chapter 76-96, Laws of Florida, to the

  7  extent that it is not inconsistent with chapter 76-96, and as

  8  subsequently modified consistent with chapter 76-96. The board

  9  of directors and officers currently serving shall continue to

10  serve until their successors are duly qualified as provided

11  under the plan. The assets and obligations of the plan in

12  effect immediately prior to the effective date of chapter

13  76-96 shall be construed to be the assets and obligations of

14  the successor plan created herein.

15         c.  In recognition of s. 10, Art. I of the State

16  Constitution, prohibiting the impairment of obligations of

17  contracts, it is the intent of the Legislature that no action

18  be taken whose purpose is to impair any bond indenture or

19  financing agreement or any revenue source committed by

20  contract to such bond or other indebtedness issued or incurred

21  by the association or any other entity created under this

22  subsection.

23         7.  On such coverage, an agent's remuneration shall be

24  that amount of money payable to the agent by the terms of his

25  or her contract with the company with which the business is

26  placed. However, no commission will be paid on that portion of

27  the premium which is in excess of the standard premium of that

28  company.

29         8.  Subject to approval by the department, the

30  association may establish different eligibility requirements

31  and operational procedures for any line or type of coverage

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  1  for any specified eligible area or portion of an eligible area

  2  if the board determines that such changes to the eligibility

  3  requirements and operational procedures are justified due to

  4  the voluntary market being sufficiently stable and competitive

  5  in such area or for such line or type of coverage and that

  6  consumers who, in good faith, are unable to obtain insurance

  7  through the voluntary market through ordinary methods would

  8  continue to have access to coverage from the association. When

  9  coverage is sought in connection with a real property

10  transfer, such requirements and procedures shall not provide

11  for an effective date of coverage later than the date of the

12  closing of the transfer as established by the transferor, the

13  transferee, and, if applicable, the lender.

14         9.  Notwithstanding any other provision of law:

15         a.  The pledge or sale of, the lien upon, and the

16  security interest in any rights, revenues, or other assets of

17  the association created or purported to be created pursuant to

18  any financing documents to secure any bonds or other

19  indebtedness of the association shall be and remain valid and

20  enforceable, notwithstanding the commencement of and during

21  the continuation of, and after, any rehabilitation,

22  insolvency, liquidation, bankruptcy, receivership,

23  conservatorship, reorganization, or similar proceeding against

24  the association under the laws of this state or any other

25  applicable laws.

26         b.  No such proceeding shall relieve the association of

27  its obligation, or otherwise affect its ability to perform its

28  obligation, to continue to collect, or levy and collect,

29  assessments, market equalization or other surcharges,

30  projected recoveries from the Florida Hurricane Catastrophe

31

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  1  Fund, reinsurance recoverables, or any other rights, revenues,

  2  or other assets of the association pledged.

  3         c.  Each such pledge or sale of, lien upon, and

  4  security interest in, including the priority of such pledge,

  5  lien, or security interest, any such assessments, emergency

  6  assessments, market equalization or renewal surcharges,

  7  projected recoveries from the Florida Hurricane Catastrophe

  8  Fund, reinsurance recoverables, or other rights, revenues, or

  9  other assets which are collected, or levied and collected,

10  after the commencement of and during the pendency of or after

11  any such proceeding shall continue unaffected by such

12  proceeding.

13         d.  As used in this subsection, the term "financing

14  documents" means any agreement, instrument, or other document

15  now existing or hereafter created evidencing any bonds or

16  other indebtedness of the association or pursuant to which any

17  such bonds or other indebtedness has been or may be issued and

18  pursuant to which any rights, revenues, or other assets of the

19  association are pledged or sold to secure the repayment of

20  such bonds or indebtedness, together with the payment of

21  interest on such bonds or such indebtedness, or the payment of

22  any other obligation of the association related to such bonds

23  or indebtedness.

24         e.  Any such pledge or sale of assessments, revenues,

25  contract rights or other rights or assets of the association

26  shall constitute a lien and security interest, or sale, as the

27  case may be, that is immediately effective and attaches to

28  such assessments, revenues, contract, or other rights or

29  assets, whether or not imposed or collected at the time the

30  pledge or sale is made. Any such pledge or sale is effective,

31  valid, binding, and enforceable against the association or

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  1  other entity making such pledge or sale, and valid and binding

  2  against and superior to any competing claims or obligations

  3  owed to any other person or entity, including policyholders in

  4  this state, asserting rights in any such assessments,

  5  revenues, contract, or other rights or assets to the extent

  6  set forth in and in accordance with the terms of the pledge or

  7  sale contained in the applicable financing documents, whether

  8  or not any such person or entity has notice of such pledge or

  9  sale and without the need for any physical delivery,

10  recordation, filing, or other action.

11         f.  There shall be no liability on the part of, and no

12  cause of action of any nature shall arise against, any member

13  insurer or its agents or employees, agents or employees of the

14  association, members of the board of directors of the

15  association, or the department or its representatives, for any

16  action taken by them in the performance of their duties or

17  responsibilities under this subsection. Such immunity does not

18  apply to actions for breach of any contract or agreement

19  pertaining to insurance, or any willful tort.

20         Section 59.  Subsections (1) and (5) of section

21  627.702, Florida Statutes, are amended to read:

22         627.702  Valued policy law.--

23         (1)  In the event of the total loss of any building,

24  structure, mobile home as defined in s. 320.01(2), or

25  manufactured building as defined in s. 553.36(12)(11), located

26  in this state and insured by any insurer as to a covered

27  peril, in the absence of any change increasing the risk

28  without the insurer's consent and in the absence of fraudulent

29  or criminal fault on the part of the insured or one acting in

30  her or his behalf, the insurer's liability, if any, under the

31  policy for such total loss shall be in the amount of money for

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  1  which such property was so insured as specified in the policy

  2  and for which a premium has been charged and paid.

  3         (5)  This section does not apply as to personal

  4  property or any interest therein, except with respect to

  5  mobile homes as defined in s. 320.01(2) or manufactured

  6  buildings as defined in s. 553.36(12)(11).  Nor does this

  7  section apply to coverage of an appurtenant structure or other

  8  structure or any coverage or claim in which the dollar amount

  9  of coverage available as to the structure involved is not

10  directly stated in the policy as a dollar amount specifically

11  applicable to that particular structure.

12         Section 60.  This act shall take effect January 1,

13  2000.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Creates the Division of Factory-built Housing in the
18    Department of Community Affairs and provides a mission
      statement for the department. Provides for the transfer
19    of the mobile home portion of the Mobile Home and
      Recreational Vehicle Protection Trust Fund into the
20    department's operating trust fund for described purposes.
      Transfers the portion of the Highway Safety Operating
21    Trust Fund relating to mobile homes into the department's
      operating trust fund for described purposes. Provides for
22    the responsibility of the Division of Factory-built
      Housing to administer part IV of chapter 553, F.S. See
23    bill for details.

24

25

26

27

28

29

30

31

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