House Bill 0063

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    Florida House of Representatives - 1999                  HB 63

        By Representative Constantine






  1                      A bill to be entitled

  2         An act relating to Department of Community

  3         Affairs; amending s. 20.18, F.S.; providing for

  4         the Bureau of Manufactured Housing within the

  5         Division of Housing and Community Development;

  6         providing for the duties of the department with

  7         respect to certain affordable housing;

  8         transferring certain funds of the Bureau of

  9         Mobile Home and Recreational Vehicle

10         Construction of the Department of Highway

11         Safety and Motor Vehicles to the Department of

12         Community Affairs; providing for certain

13         interagency agreements; transferring a

14         described portion of the Mobile Home and

15         Recreational Vehicle Protection Trust Fund to

16         the Operating Trust Fund of the Department of

17         Community Affairs; providing for the transfer

18         of certain funds from the Operating Trust Fund

19         of the Department of Highway Safety and Motor

20         Vehicles and certain funds in the General

21         Revenue Fund to the Operating Trust Fund of the

22         Department of Community Affairs; transferring

23         certain powers, duties, and functions of the

24         Department of Highway Safety and Motor Vehicles

25         relating to the regulation or licensing of

26         mobile home installers to the Department of

27         Community Affairs; amending s. 320.781, F.S.;

28         changing the name of the Mobile Home and

29         Recreational Vehicle Protection Trust Fund to

30         the Recreational Vehicle Protection Trust Fund;

31         deleting reference to mobile homes with respect

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  1         to the fund; renaming part IV of ch. 553, F.S.,

  2         as Manufactured Building and Housing; amending

  3         s. 553.35, F.S.; renaming the "Florida

  4         Manufactured Building Act of 1979" as the

  5         "Florida Manufactured Building and Housing Act

  6         of 1999"; amending s. 553.36, F.S.; providing

  7         definitions; creating s. 553.433, F.S.;

  8         providing for factory-built housing judgment

  9         liability; amending s. 553.38, F.S.; revising

10         language with respect to application and scope;

11         transferring and amending s. 320.8325(2), F.S.;

12         providing for tie-down requirements,

13         installation standards, injunctions, and

14         penalties with respect to mobile homes and park

15         trailers; amending ss. 316.515 and 627.702,

16         F.S.; correcting cross references; providing

17         effective dates.

18

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

20

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

22  section 20.18, Florida Statutes, 1998 Supplement, and

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

24         20.18  Department of Community Affairs.--There is

25  created a Department of Community Affairs.

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

27  Affairs are established:

28         (d)  Bureau of Manufactured Housing within the

29  department's Division of Housing and Community Development.

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

31  agency responsible for ensuring that there is adequate

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  1  affordable housing in this state through the use of

  2  manufactured homes, that the federal code on manufactured

  3  homes as defined in s. 553.36(12) is strictly observed by

  4  manufacturers, and that the state code for manufactured

  5  buildings is an efficient method for providing manufactured

  6  buildings to residents of this state. The department shall

  7  also be the agency responsible for the installation of

  8  manufactured homes and buildings to such an extent that

  9  residents of this state are as safe as possible.

10         Section 2.  (1)  All statutory powers, duties,

11  functions, records, personnel, property, and unexpended

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

13  Bureau of Mobile Home and Recreational Vehicle Construction of

14  the Department of Highway Safety and Motor Vehicles relating

15  to regulation and administration of mobile homes, and all

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

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

18  and rules, all enforcement matters, and delegations,

19  interagency agreements, and contracts with federal, state,

20  regional, and local governments and private entities relating

21  to regulation and administration of manufactured homes are

22  hereby transferred to the Division of Housing and Community

23  Development of the Department of Community Affairs.

24         (2)  The Department of Community Affairs and the

25  Department of Highway Safety and Motor Vehicles shall have the

26  authority to enter into interagency agreements with each other

27  concerning any matter affected by the transfer of the Bureau

28  of Mobile Home and Recreational Vehicle Construction to the

29  Department of Community Affairs to promote the efficient and

30  effective operation of both departments.

31

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  1         Section 3.  (1)  The portion of the Mobile Home and

  2  Recreational Vehicle Protection Trust Fund created under s.

  3  320.781, Florida Statutes, relating to manufactured homes, as

  4  defined in s. 553.36, Florida Statutes, is transferred to the

  5  Operating Trust Fund of the Department of Community Affairs to

  6  be administered and managed by the Bureau of Manufactured

  7  Housing of the Department of Community Affairs pursuant to s.

  8  20.18, Florida Statutes.

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

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

11  which fees and penalties relating to manufactured home

12  regulation, manufacture, licensure, except mobile home

13  dealers' and manufacturers' licensure pursuant to ss. 320.77

14  and 320.8225, Florida Statutes, and installation, are

15  deposited, and all fees and penalties that are deposited into

16  the General Revenue Fund, are transferred to the Operating

17  Trust Fund of the Department of Community Affairs to be

18  administered and managed by the Division of Housing and

19  Community Development.

20         Section 4.  All statutory powers, duties, and functions

21  of the Department of Highway Safety and Motor Vehicles

22  relating to the regulation or licensing of mobile home

23  installers are transferred to the Bureau of Manufactured

24  Housing of the Department of Community Affairs.

25         Section 5.  Effective January 1, 1999, section 320.781,

26  Florida Statutes, is amended to read:

27         320.781  Mobile Home and Recreational Vehicle

28  Protection Trust Fund.--

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

30  Recreational Vehicle Protection Trust Fund.  The trust fund

31  shall be administered and managed by the Department of Highway

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  1  Safety and Motor Vehicles.  The expenses incurred by the

  2  department in administering this section shall be paid only

  3  from appropriations made from the trust fund.

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

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

  6  home and new recreational vehicle title transaction for which

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

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

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

10  manufacturer license and license renewal, which shall be

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

12  fund shall be used exclusively for carrying out the purposes

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

14  the Treasurer under the same limitations as apply to

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

16  investments deposited to the credit of the trust fund.

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

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

19  mobile home or recreational vehicle dealer or broker for

20  damages, restitution, or expenses, including reasonable

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

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

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

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

25  violation of chapter 319 or this chapter.

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

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

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

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

30  state, or any political subdivision thereof may recover

31  against the mobile home or recreational vehicle dealer,

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

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

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

  4  excess of actual damages, restitution, or expenses.

  5         (5)  Subject to the limitations and requirements of

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

  7  to compensate persons who have unsatisfied judgments, or in

  8  certain limited circumstances unsatisfied claims, against a

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

10  the following situations:

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

12  is unsatisfied against the mobile home or recreational vehicle

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

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

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

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

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

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

19  surety of the mobile home or recreational vehicle dealer or

20  broker that is unsatisfied.

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

22  mobile home or recreational vehicle dealer or broker in a

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

24  filing for reorganization or discharge in bankruptcy by the

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

26  possible because of the bankruptcy or liquidation of the

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

28  competent jurisdiction not to be liable due to prior payment

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

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

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

  2  person must file an application and verified claim with the

  3  department.

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

  5  unsatisfied against the mobile home or recreational vehicle

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

  7  the verified claim must specify the following:

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

  9  recreational vehicle dealer or broker and its surety has been

10  entered; or

11         b.  That the judgment against the mobile home or

12  recreational vehicle dealer or broker contains a specific

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

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

15  perfected;

16         2.  The amount of actual damages broken down by

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

18  resulted in the unsatisfied judgment, and the amount of

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

20         3.  The amount of payment or other consideration

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

22  dealer or broker or its surety;

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

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

25  judgment debtor liable to be sold or applied in satisfaction

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

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

28  certification that the claimant has made a good faith effort

29  to collect the judgment; and

30         5.  Such other information as the department requires.

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

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

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

  4  contain the following:

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

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

  7  of the bankruptcy court staying those proceedings;

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

  9  home or recreational vehicle dealer or broker setting forth

10  the specific acts or omissions complained of which resulted in

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

12  amount necessary to reimburse or compensate the person for

13  costs or expenses resulting from the acts or omissions of

14  which the person complained;

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

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

17  whatsoever which the person received in connection with the

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

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

20  arises; and

21         4.  Such other information as the department requires.

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

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

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

25  and verified claim, the department shall issue its

26  determination on the claim.  Such determination shall not be

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

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

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

30  within the time provided by the Florida Rules of Appellate

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

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

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

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

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

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

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

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

  8  and its surety.

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

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

11  recreational vehicle dealer or broker, or the judgment debtor

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

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

14  trust fund. The department shall be awarded a reasonable

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

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

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

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

19  any claim, against a mobile home or recreational vehicle

20  dealer or broker resulting from a cause of action directly

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

22  installation of a mobile home or recreational vehicle prior to

23  October 1, 1990.

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

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

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

27  trust fund does not have sufficient assets to pay the

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

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

30  department shall pay the claimant whose unpaid claim is the

31  earliest by time and date of determination.

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

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

  3  under this section which is false or contains any material

  4  misstatement of fact.  Any person who violates this subsection

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

  6  provided in s. 775.082 or s. 775.083.

  7         Section 6.  Part IV of chapter 553, Florida Statutes,

  8  is redesignated as Manufactured Building and Housing.

  9         Section 7.  Section 553.35, Florida Statutes, is

10  amended to read:

11         553.35  Short title.--This part shall be known and may

12  be cited as the "Florida Manufactured Building and Housing Act

13  of 1999 1979."

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

15  (12), (13), and (14) of section 553.36, Florida Statutes, are

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

17  (14), and (15), a new subsection (7) is added to said section,

18  and present subsections (11) and (12) are amended, to read:

19         553.36  Definitions.--The definitions contained in this

20  section govern the construction of this part unless the

21  context otherwise requires.

22         (7)  "Division" means the Division of Housing and

23  Community Development which contains the Bureau of

24  Manufactured Building and Housing in the department.

25         (11)  "Manufactured building" means a closed structure,

26  building assembly, or system of subassemblies, which may

27  include structural, electrical, plumbing, heating,

28  ventilating, or other service systems manufactured in

29  manufacturing facilities for installation or erection, with or

30  without other specified components, as a finished building or

31  as part of a finished building, which shall include, but not

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  1  be limited to, residential, commercial, institutional,

  2  storage, and industrial structures. This subsection part does

  3  not apply to manufactured mobile homes. Manufactured building

  4  may also mean, at the option of the manufacturer, any building

  5  of open construction made or assembled in manufacturing

  6  facilities away from the building site for installation, or

  7  assembly and installation, on the building site.

  8         (12)  "Manufactured Mobile home" means any mobile home

  9  or residential unit constructed to standards promulgated by

10  the United States Department of Housing and Urban Development.

11         Section 9.  Effective January 1, 2000, section 553.433,

12  Florida Statutes, is created to read:

13         553.433  Factory-built housing judgment liability.--

14         (1)  The expenses incurred by the division in

15  administering this section shall be paid only from

16  appropriations made from the department's operating trust fund

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

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

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

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

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

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

23  dealer and manufacturer license and license renewal, which

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

25  such fund pursuant to this section shall be used exclusively

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

27  be invested and reinvested by the Treasurer under the same

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

29  all interest from these investments deposited to the credit of

30  such fund.

31

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

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

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

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

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

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

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

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

  9  violation of this part.

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

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

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

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

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

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

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

17  expenses; however, in no event shall the trust fund or the

18  surety be liable for an amount in excess of actual damages,

19  restitution, or expenses.

20         (5)  Subject to the limitations and requirements of

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

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

23  compensate persons who have unsatisfied judgments, or in

24  certain limited circumstances unsatisfied claims, against a

25  mobile home dealer or broker in one of the following

26  situations:

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

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

29  surety jointly and severally, or against the mobile home

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

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

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

  2  of the applicable bond.

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

  4  surety of the mobile home dealer or broker that is

  5  unsatisfied.

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

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

  8  stayed or discharged as a result of the filing for

  9  reorganization or discharge in bankruptcy by the dealer or

10  broker, and judgment against the surety is not possible

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

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

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

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

15  than, the face amount of the applicable bond.

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

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

18  verified claim with the division.

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

20  unsatisfied against the mobile home dealer or broker or its

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

22  specify the following:

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

24  or broker and its surety has been entered; or

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

26  broker contains a specific finding that the surety has no

27  liability, that execution has been returned unsatisfied, and

28  that a judgment lien has been perfected;

29         2.  The amount of actual damages broken down by

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

31

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  1  resulted in the unsatisfied judgment, and the amount of

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

  3         3.  The amount of payment or other consideration

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

  5  surety;

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

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

  8  judgment debtor liable to be sold or applied in satisfaction

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

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

11  certification that the claimant has made a good faith effort

12  to collect the judgment; and

13         5.  Such other information as the division requires.

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

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

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

17  contain the following:

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

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

20  of the bankruptcy court staying those proceedings;

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

22  home dealer or broker setting forth the specific acts or

23  omissions complained of which resulted in actual damage to the

24  person, along with the actual dollar amount necessary to

25  reimburse or compensate the person for costs or expenses

26  resulting from the acts or omissions of which the person

27  complained;

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

29  service or repair orders, or papers or documents of any kind

30  whatsoever which the person received in connection with the

31

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

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

  3         4.  Such other information as the division requires.

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

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

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

  7  and verified claim, the division shall issue its determination

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

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

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

11  the claimant resides in the manner and within the time

12  provided by the Florida Rules of Appellate Procedure.  The

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

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

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

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

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

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

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

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

21  its surety.

22         (8)  The division, in its discretion and when feasible,

23  may try to recover from the mobile home dealer or broker, or

24  the judgment debtor or its surety, all sums paid to persons

25  from the department's operating trust fund under this section.

26  Any sums recovered shall be deposited to the credit of such

27  fund. The division shall be awarded a reasonable attorney's

28  fee for all actions taken to recover any sums paid to persons

29  from such fund pursuant to this section.

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

31  person may not recover against the department's operating

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

  2  dealer or broker resulting from a cause of action directly

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

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

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

  6  operating trust fund shall be liable to any person for

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

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

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

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

11  determination for payment to a claimant.  If moneys become

12  available pursuant this section, the division shall pay the

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

14  of determination.

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

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

17  under this section which is false or contains any material

18  misstatement of fact.  Any person who violates this subsection

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

20  provided in s. 775.082 or s. 775.083.

21         Section 10.  Section 553.38, Florida Statutes, is

22  amended to read:

23         553.38  Application and scope.--

24         (1)  The division, through its Bureau of Manufactured

25  Housing, department shall promulgate rules which protect the

26  health, safety, and property of the people of this state by

27  assuring that each manufactured building and home is

28  structurally sound and properly installed on site and that

29  plumbing, heating, electrical, and other systems thereof are

30  reasonably safe, and which interpret and make specific the

31  provisions of this part.

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  1         (2)  The division department shall enforce every

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

  3  except that local land use and zoning requirements, fire

  4  zones, building setback requirements, side and rear yard

  5  requirements, site development requirements, property line

  6  requirements, subdivision control, and onsite installation

  7  requirements, as well as the review and regulation of

  8  architectural and aesthetic requirements, are specifically and

  9  entirely reserved to local authorities.  Such local

10  requirements and rules which may be enacted by local

11  authorities must be reasonable and uniformly applied and

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

13  conventionally constructed or manufactured building.  A local

14  government shall require permit fees only for those

15  inspections actually performed by the local government for the

16  installation of a manufactured factory-built structure.  Such

17  fees shall be equal to the amount charged for similar

18  inspections on conventionally built housing.

19         Section 11.  Subsection (2) of section 320.8325,

20  Florida Statutes, is transferred to section 553.775, Florida

21  Statutes, and amended to read:

22         553.775 320.8325  Mobile homes and park trailers;

23  tie-down requirements; minimum installation standards;

24  injunctions; penalty.--

25         (2)  The department shall promulgate rules and

26  regulations setting forth minimum standards for the

27  manufacture and or installation of manufactured housing

28  installation systems composed of anchors, buckles, straps,

29  stabilizer plates, and piers or other requirements mandated by

30  a manufacturer's installation manual anchors, tie-downs,

31  over-the-roof ties, or other reliable methods of securing

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  1  mobile homes or park trailers when over-the-roof ties are not

  2  suitable due to factors such as unreasonable cost, design of

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

  4  mobile home or park trailer.  Such systems devices required

  5  under this section, when properly installed, shall ensure a

  6  manufactured home remains secured to the ground when subjected

  7  to winds equal to or less than their HUD code design criteria

  8  and shall cause the mobile home or park trailer to resist wind

  9  overturning and sliding.  In promulgating Such rules and

10  regulations, shall be reasonably related to the department may

11  make such discriminations regarding mobile home or park

12  trailer tie-down requirements as are reasonable when factors

13  such as age and windzone of the manufactured housing,

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

15  trailer are considered. The department shall also develop

16  standards for installation and anchoring systems for park

17  trailers.  Fees and civil penalties collected by the

18  department pursuant to s. 320.8249 shall be deposited into the

19  department's operating trust fund for use by the department

20  for the testing of manufactured housing installation systems

21  and their individual components to ensure that such products

22  being delivered to consumers in this state meet the wind

23  design criteria adopted by the Department of Community

24  Affairs.

25         Section 12.  Subsection (14) of section 316.515,

26  Florida Statutes, is amended to read:

27         316.515  Maximum width, height, length.--

28         (14)  MANUFACTURED BUILDINGS.--The Department of

29  Transportation may, in its discretion and upon application and

30  good cause shown therefor that the same is not contrary to the

31  public interest, issue a special permit for truck

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  1  tractor-semitrailer combinations where the total number of

  2  overwidth deliveries of manufactured buildings, as defined in

  3  s. 553.36(11), may be reduced by permitting the use of an

  4  overlength trailer of no more than 54 feet.

  5         Section 13.  Subsections (1) and (5) of section

  6  627.702, Florida Statutes, are amended to read:

  7         627.702  Valued policy law.--

  8         (1)  In the event of the total loss of any building,

  9  structure, mobile home as defined in s. 320.01(2), or

10  manufactured building as defined in s. 553.36(11), located in

11  this state and insured by any insurer as to a covered peril,

12  in the absence of any change increasing the risk without the

13  insurer's consent and in the absence of fraudulent or criminal

14  fault on the part of the insured or one acting in her or his

15  behalf, the insurer's liability, if any, under the policy for

16  such total loss shall be in the amount of money for which such

17  property was so insured as specified in the policy and for

18  which a premium has been charged and paid.

19         (5)  This section does not apply as to personal

20  property or any interest therein, except with respect to

21  mobile homes as defined in s. 320.01(2) or manufactured

22  buildings as defined in s. 553.36(11).  Nor does this section

23  apply to coverage of an appurtenant structure or other

24  structure or any coverage or claim in which the dollar amount

25  of coverage available as to the structure involved is not

26  directly stated in the policy as a dollar amount specifically

27  applicable to that particular structure.

28         Section 14.  Except as otherwise provided herein, this

29  act shall take effect July 1, 1999.

30

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    Florida House of Representatives - 1999                  HB 63

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions of law with respect to the Department
  4    of Community Affairs to:

  5         1.  Provide for the Bureau of Manufactured Housing
      within the Division of Housing and Community Development.
  6         2.  Provide for the duties of the department with
      respect to certain affordable housing, to transfer
  7    certain funds of the Bureau of Mobile Home and
      Recreational Vehicle Construction of the Department of
  8    Highway Safety and Motor Vehicles to the Department of
      Community Affairs, provide for certain interagency
  9    agreements, transfer a described portion of the Mobile
      Home and Recreational Vehicle Protection Trust Fund to
10    the Operating Trust Fund of the Department of Community
      Affairs, provide for the transfer of certain funds from
11    the Operating Trust Fund of the Department of Highway
      Safety and Motor Vehicles and certain funds in the
12    General Revenue Fund to the Operating Trust Fund of the
      Department of Community Affairs, and transfer certain
13    powers, duties, and functions of the Department of
      Highway Safety and Motor Vehicles relating to the
14    regulation or licensing of mobile home installers to the
      Department of Community Affairs.
15         3.  Change the name of the Mobile Home and
      Recreational Vehicle Protection Trust Fund to the
16    Recreational Vehicle Protection Trust Fund and delete
      reference to mobile homes with respect to the fund.
17         4.  Rename part IV of ch. 553, F.S. as Manufactured
      Building and Housing.
18         5.  Rename the "Florida Manufactured Building Act of
      1979" as the "Florida Manufactured Building and Housing
19    Act of 1999."
           6.  Provide for factory-built housing judgment
20    liability.
           7.  Provide for tie-down requirements, installation
21    standards, injunctions, and penalties with respect to
      mobile homes and park trailers.
22

23    See bill for details.

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