Senate Bill sb1414er

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  1                                 

  2         An act relating to mobile and manufactured

  3         homes; amending s. 319.261, F.S.; deleting a

  4         requirement that the manufacturer's certificate

  5         of origin be recorded with the clerk of court

  6         in order for the Department of Highway Safety

  7         and Motor Vehicles to retire the title to a

  8         mobile home; amending s. 320.822, F.S.;

  9         defining the term "installation"; amending s.

10         320.823, F.S.; requiring that mobile and

11         manufactured homes sold in this state be

12         constructed to meet certain standards; amending

13         s. 320.8249, F.S.; revising penalties imposed

14         against mobile home installers who engage in

15         certain prohibited activities; prohibiting a

16         local government from requiring an installer to

17         obtain an additional bond or insurance;

18         requiring installers to maintain a location

19         log; creating s. 320.8251, F.S.; requiring a

20         person or entity that manufactures mobile home

21         installation components, products, or systems

22         to obtain a certificate of approval from the

23         Department of Highway Safety and Motor

24         Vehicles; providing requirements for

25         certification; authorizing the department to

26         revoke or suspend the certification under

27         certain circumstances; providing that products,

28         components, or systems currently used in the

29         installation of mobile homes need not be

30         certified until a certain date; amending s.

31         320.8285, F.S.; requiring each county or


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 1         municipality to be responsible for the onsite

 2         inspection of mobile home installation within

 3         its jurisdiction; revising competency

 4         requirements for performing onsite inspections;

 5         providing requirements for a county or

 6         municipality in issuing a permit for the

 7         installation of a mobile home and issuing a

 8         certificate of occupancy; amending s. 320.8325,

 9         F.S.; deleting provisions requiring the use of

10         tie-downs and anchors; revising requirements of

11         the department with respect to rules setting

12         forth standards for the installation of mobile

13         homes, manufactured homes, and park trailers;

14         providing that owners are responsible for

15         installation pursuant to department rules;

16         amending s. 320.834, F.S.; providing

17         legislative intent that mobile homes be an

18         affordable housing resource in this state;

19         amending s. 320.835, F.S.; requiring installers

20         to warrant the installation of a new mobile

21         home from the date of receipt of a certificate

22         of occupancy for a certain period; authorizing

23         the department to adopt rules to resolve

24         disputes between mobile home manufacturers,

25         dealers, installers, or suppliers; amending s.

26         215.559, F.S.; extending the repeal date of the

27         Hurricane Loss Mitigation Program; providing an

28         effective date.

29  

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

31  


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 1         Section 1.  Subsections (2), (3), and (6) of section

 2  319.261, Florida Statutes, are amended to read:

 3         319.261  Real property transactions; retiring title to

 4  mobile home.--

 5         (2)  The title to the mobile home may be retired by the

 6  department if the owner of the real property records the

 7  following documents in the official records of the clerk of

 8  court in the county in which the real property is located:

 9         (a)  The original title to the mobile home, or for a

10  new home the manufacturers' certificate of origin, which

11  document shall include a description of the mobile home,

12  including model year, make, width, length, and vehicle

13  identification number, and a statement by any recorded

14  lienholder on the title that the security interest in the home

15  has been released, or that such security interest will be

16  released upon retirement of the title as set forth in this

17  section.

18         (b)  The legal description of the real property, and in

19  the case of a leasehold interest, a copy of the lease

20  agreement.

21         (c)  A sworn statement by the owner of the real

22  property, as shown on the real property deed or lease, that he

23  or she is the owner of the mobile home and that the home is

24  permanently affixed to the real property in accordance with

25  state law.

26         (3)  The clerk of court, upon receipt of the documents

27  set forth in subsection (2), shall record said documents

28  against the real property and provide a copy of the recorded

29  title or manufacturers' certificate of origin to the owner of

30  the real property with a copy of all the documents recorded

31  pursuant to subsection (2).


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 1         (6)  The owner of the real property with a recorded and

 2  retired title shall file an application with the department to

 3  issue a new title to the mobile home, if the mobile home is to

 4  be removed from the real property. The department shall issue

 5  a new title upon receipt of an application from the owner of

 6  the real property containing the following information:

 7         (a)  An affidavit signed by the owners of the land and

 8  all secured parties and other lienholders consenting to the

 9  removal of the home.

10         (b)  A certification from a title insurance company

11  listing the owners and all secured parties and other

12  lienholders, which is dated within 10 days of after the date

13  of application for a new title under this subsection.

14         Section 2.  Subsection (14) of section 320.822, Florida

15  Statutes, is amended to read:

16         320.822  Definitions; ss. 320.822-320.862.--In

17  construing ss. 320.822-320.862, unless the context otherwise

18  requires, the following words or phrases have the following

19  meanings:

20         (14)  "Setup" or "installation" means the operations

21  performed at the occupancy site which render a mobile home or

22  park trailer fit for habitation. Such operations include, but

23  are not limited to, transporting;, positioning;, blocking;,

24  leveling, supporting, installing foundation products,

25  components, and systems; tying down, connecting utility

26  systems;, making minor adjustments;, or assembling multiple or

27  expandable units.

28         Section 3.  Section 320.823, Florida Statutes, is

29  amended to read:

30         320.823  Establishment of uniform mobile home

31  standards.--Each new single-family or duplex mobile or


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 1  manufactured home manufactured in this state or manufactured

 2  outside this state but sold or offered for sale in this state

 3  must be constructed to shall meet the Manufactured the Federal

 4  Mobile Home Construction and Safety Standards, promulgated by

 5  the Department of Housing and Urban Development, pursuant to

 6  the Manufactured Housing Improvement Act. Each duplex mobile

 7  home manufactured in this state or manufactured outside this

 8  state but sold or offered for sale in this state shall be

 9  constructed to meet the Federal Mobile Home Construction and

10  Safety Standards. Construction requirements shall include a

11  1-hour-fire-rated wall separating the two units. Such

12  standards must shall include, but need not be limited to,

13  standards for body and frame construction and the installation

14  of plumbing, HVAC heating, and electrical systems.

15         Section 4.  Subsections (1), (9), (10), and (12) of

16  section 320.8249, Florida Statutes, are amended, present

17  subsections (14), (15), and (16) of that section are

18  redesignated as subsections (15), (16), and (17),

19  respectively, and a new subsection (14) is added to that

20  section, to read:

21         320.8249  Mobile home installers license.--

22         (1)  Any person who installs a engages in mobile home

23  installation shall obtain a mobile home installers license

24  from the Bureau of Mobile Home and Recreational Vehicle

25  Construction of the Department of Highway Safety and Motor

26  Vehicles pursuant to this section.  Said license shall be

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

28         (9)  A No licensed person or nor licensed applicant may

29  not shall:

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

31  or misrepresentation.


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

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

 3  any jurisdiction which directly relates to the practice of

 4  mobile home installation or the ability to practice.

 5         (c)  Violate any law or rule relating to installing,

 6  repairing, or dealing in mobile homes or any lawful order of

 7  the department.

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

 9  contracting.

10         (e)  Commit incompetence or misconduct in the practice

11  of contracting.

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

13  negligence resulting in a significant danger to life or

14  property.

15         (g)  Commit violations of the installation standards

16  for mobile homes or manufactured homes contained in rules

17  15C-1.0102 to 15C-1.0104, Florida Administrative Code.

18         (10)  Any licensed person or license applicant who

19  violates subsection (7) or any provision of subsection (9) may

20  have any of the following disciplinary penalties imposed by

21  the department, at its discretion:

22         (a)  License revocation;

23         (b)  License suspension;

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

25  involving a single installation and not to exceed $5,000 for a

26  violation involving the total setup;

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

28  pass, the department-approved examination;

29         (e)  Probation;

30         (f)  Probation subject to such restriction of practice

31  as the department chooses to impose;


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 1         (g)  A notice of noncompliance; or

 2         (h)  Refusal of licensure application.

 3         (12)  A No county, municipality, or other unit of local

 4  government may not require additional licensing, bonding, or

 5  insurance of a duly licensed installer who performs setup

 6  operations as defined in s. 320.822.  However, a county,

 7  municipality, or other unit of local government may require an

 8  installer to obtain a local occupational license, which

 9  license shall not require for its issuance any conditions

10  other than those required by this chapter act and payment of

11  the appropriate occupational license fee.

12         (14)  Each installer shall maintain a location log for

13  each decal for 2 years. This requirement must not take effect

14  until the department develops an acceptable format for the log

15  and provides a sample of the acceptable format to each

16  licensed installer.

17         Section 5.  Section 320.8251, Florida Statutes, is

18  created to read:

19         320.8251  Mobile home installation products; product

20  approval.--

21         (1)  Each person or entity that engages in the

22  manufacture of mobile home installation components, products,

23  or systems must obtain a certification from the department

24  which affirms that such component, product, or system is

25  approved for use in the installation of mobile homes in this

26  state.

27         (2)  The department shall certify for use in this state

28  any mobile home installation component, product, or system for

29  which a person or entity applies to the department and which

30  complies with subsection (3).

31  


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 1         (3)  In order to obtain the certification set forth in

 2  this section, a manufacturer must submit to the department a

 3  report certifying that the mobile home installation component,

 4  product, or system meets the mobile home installation

 5  standards set forth in this section and in department rules.

 6  The report must be signed and sealed by a professional

 7  engineer registered in this state. In accordance with chapter

 8  120, the department shall review the report and approve or

 9  deny the certification of the installation component, product,

10  or system for use in the installation of mobile homes in this

11  state.

12         (4)  The certification set forth in this subsection is

13  subject to suspension or revocation, and the person or entity

14  that obtained the certification is subject to a fine set by

15  department rules upon a finding by the department that the

16  person or entity has obtained the certification by

17  misrepresentation or fraud or that the product, component, or

18  system does not meet the mobile home installation standards

19  set forth in this chapter or in department rules.

20         (5)  Any product, component, or system subject to this

21  section which is currently being used in the installation of

22  mobile homes in this state is not required to be certified in

23  accordance with this section until July 1, 2009.

24         Section 6.  Section 320.8285, Florida Statutes, is

25  amended to read:

26         320.8285  Onsite inspection.--

27         (1)  Each county or municipality in this state shall be

28  responsible for the prepare and adopt a plan providing for an

29  onsite inspection of each mobile home installation located

30  within the jurisdiction of such entity. The onsite inspection

31  shall ensure compliance with the department's uniform


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 1  installation standards set forth in this chapter and in

 2  department rules. state and local building codes, ordinances,

 3  and regulations regarding such functions as blocking and

 4  leveling, tie-downs, utility connections, conversions of

 5  appliances, and external improvements on the mobile home. If a

 6  mobile home is manufactured in conformity with the code, as

 7  established in s. 320.823, a county may not require

 8  modification of the mobile home in order to comply with local

 9  tie-down regulations.

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

11  adopted a plan providing for onsite inspection, the department

12  shall prepare a minimum onsite inspection plan for such

13  county. The department may promulgate reasonable rules and

14  regulations pursuant to chapter 120 in preparing and enforcing

15  such a minimum onsite inspection plan.

16         (2)(3)  Each county or municipality may designate the

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

18  or municipality does not so designate, the department shall

19  designate the persons who are to perform the onsite

20  inspection. A No person may not shall be designated to perform

21  onsite inspections unless that such person is competent in the

22  area areas of mobile home installation. blocking and leveling,

23  tie-downs, utility connections, conversions of appliances, and

24  external improvements. Pursuant to the onsite inspection, each

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

26  mobile home complies with state and local building codes,

27  ordinances, and regulations regarding such functions as

28  blocking and leveling, tie-downs, utility connections,

29  conversion of appliances, and external improvements to the

30  mobile home.

31  


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 1         (3)  The county or municipality issuing a permit for

 2  the installation of a mobile home shall issue such permit only

 3  to a licensed mobile home installer or to a licensed mobile

 4  home dealer or manufactured home owner if the dealer or owner

 5  demonstrates on the face of the application that a licensed

 6  installer will be performing the actual work. In the case of

 7  issuance to an owner, the permit must reflect the name and the

 8  license number of the licensed installer performing the work.

 9         (4)  Pursuant to the onsite inspection, each mobile

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

11  home complies with department rules regarding the installation

12  of mobile homes.

13         (5)(4)  Fees for onsite inspections and certificates of

14  occupancy of mobile homes shall be reasonable for the services

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

16  the department.

17         (6)(5)  The Department of Highway Safety and Motor

18  Vehicles shall enforce every provision of this section and the

19  rules regulations adopted pursuant hereto, except that local

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

21  and side and rear yard requirements, site development and

22  property line requirements, subdivision control, and onsite

23  installation inspection requirements, as well as review and

24  regulation of architectural and aesthetic requirements, are

25  hereby specifically and entirely reserved to local

26  jurisdictions. However, any architectural or aesthetic

27  requirement imposed on the mobile home structure itself may

28  pertain only to roofing and siding materials. Such local

29  requirements and regulations and others for manufactured homes

30  must be reasonable, uniformly applied, and enforced without

31  distinctions as to whether such housing is manufactured,


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 1  located in a mobile home park or a mobile home subdivision, or

 2  built in a conventional manner. No local jurisdiction shall

 3  prohibit siting or resiting of used mobile homes based solely

 4  on the date the unit was manufactured.

 5         (7)(6)  Park trailers are subject to inspection in the

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

 7         Section 7.  Section 320.8325, Florida Statutes, is

 8  amended to read:

 9         320.8325  Mobile homes, manufactured homes, and park

10  trailers; uniform tie-down requirements; minimum installation

11  standards; injunctions; penalty.--

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

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

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

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

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

17  mobile homes or park trailers which are permanently attached

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

19  foundation and such other structural elements as are required

20  pursuant to rules and regulations promulgated by the

21  department which assure the rigidity and stability of the

22  mobile home or park trailer.

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

24  accordance with the code standards and labeled "hurricane and

25  windstorm resistive" shall be anchored to each anchor point

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

27  park trailer which does not meet these standards must be

28  anchored with anchor points spaced as required by the

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

30  trailer.

31  


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

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

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

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

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

 6  promulgated by the department.

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

 8  over-the-roof ties and tie-down points which meet department

 9  standards shall be secured in accordance with standards

10  promulgated by the department.

11         (1)(2)  The department shall adopt promulgate rules and

12  regulations setting forth uniform standards for the

13  installation of mobile homes, manufactured homes, and park

14  trailers and for the manufacture of components, products, or

15  systems used in the installation of mobile homes, manufactured

16  homes, and park trailers. The rules shall ensure that the home

17  or park trailer is installed on a permanent foundation that

18  resists wind, flood, flotation, overturning, sliding, and

19  lateral movement of the home or park trailer. manufacture or

20  installation of anchors, tie-downs, over-the-roof ties, or

21  other reliable methods of securing mobile homes or park

22  trailers when over-the-roof ties are not suitable due to

23  factors such as unreasonable cost, design of the mobile home

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

25  park trailer. No entity, other than the department, has

26  authority to amend these uniform standards. The owner of the

27  mobile home, manufactured home, or park trailer shall be

28  responsible for the installation in accordance with department

29  rules. Such devices required under this section, when properly

30  installed, shall cause the mobile home or park trailer to

31  resist wind overturning and sliding.  In promulgating such


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 1  rules and regulations, the department may make such

 2  discriminations regarding mobile home or park trailer tie-down

 3  requirements as are reasonable when factors such as age,

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

 5  trailer are considered.

 6         (2)(3)(a)  Persons licensed in this state to engage in

 7  the business of insuring mobile homes, manufactured homes, or

 8  park trailers that are subject to the provisions of this

 9  section against damage from windstorm shall issue such

10  insurance only if the mobile home, manufactured home, or park

11  trailer has been installed anchored and tied down in

12  accordance with the requirements provisions of this chapter

13  and department rules section.

14         (b)  If In the event that a mobile home, manufactured

15  home, or park trailer is insured against damage caused by

16  windstorm and subsequently sustains windstorm damage of a

17  nature that indicates that the mobile home, manufactured home,

18  or park trailer was not installed anchored or tied down in the

19  manner required by this chapter and department rules section,

20  the person issuing the policy shall not be relieved from

21  meeting the obligations specified in the insurance policy with

22  respect to such damage on the basis that the mobile home or

23  park trailer was not properly installed anchored or tied down.

24         (3)(4)  Whenever a person or entity that who engages in

25  the business of manufactured housing installation or

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

27  engages in the business of manufacturing components, products,

28  or systems, distributing, or dealing in such devices for use

29  in this state and does so in a manner that is not in

30  accordance with the uniform minimum standards set forth by the

31  department, a person or entity aggrieved thereby may bring an


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 1  action in the appropriate court for actual damages. In

 2  addition, the court may provide appropriate equitable relief,

 3  including the enjoining of a violator from engaging in the

 4  business or from engaging in further violations.  Whenever it

 5  is established to the satisfaction of the court that a willful

 6  violation has occurred, the court shall award punitive damages

 7  to the aggrieved party.  The losing party may be liable for

 8  court costs and reasonable attorney's fees incurred by the

 9  prevailing party.

10         (4)(5)  In addition to other penalties provided in this

11  section, the department or the state attorneys and their

12  assistants are authorized to apply to the circuit courts

13  within their respective jurisdictions, and such courts shall

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

15  temporary or permanent injunctions restraining any person or

16  entity persons engaging in the business of manufactured

17  housing installation or the manufacturing of components,

18  products, or systems manufacturing, distributing, or dealing

19  in anchors, tie-downs, or over-the-roof ties from installing

20  homes or manufacturing or selling such components, products,

21  or systems devices in a manner not in accordance with the

22  uniform minimum standards set forth by the department or

23  restraining any persons in the business of installing such

24  components, products, or systems anchors, tie-downs, or

25  over-the-roof ties from using utilizing devices that do not

26  meet the uniform minimum standards set forth by the department

27  or from installing such components, products, or systems

28  devices in a manner not in accordance with the uniform minimum

29  standards set forth by the department, whether or not there

30  exists an adequate remedy at law, and such injunctions shall

31  issue without bond.


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 1         (5)(6)  This section only applies only to a mobile

 2  home, manufactured home, or park trailer that is being used as

 3  a dwelling place and that is located on a particular location

 4  for a period of time exceeding 14 days, for a mobile or

 5  manufactured home, or 45 days, for a park trailer.

 6         (6)(7)  For the purposes of this section, the

 7  definitions set forth in s. 320.822 apply.

 8         Section 8.  Section 320.834, Florida Statutes, is

 9  amended to read:

10         320.834  Purpose.--It is the intent of the Legislature

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

12  through an inspection program conducted by the Department of

13  Highway Safety and Motor Vehicles. Mobile homes are a primary

14  affordable housing resource of many of the residents of the

15  state and satisfy a large segment of statewide housing needs.

16  It is the further intent of the Legislature that the

17  department, mobile home dealers, and mobile home manufacturers

18  continue to work together to meet the applicable code

19  requirements for mobile homes and that such dealers and

20  manufacturers share the responsibilities of warranting mobile

21  homes in accordance with applicable codes and resolving

22  legitimate consumer complaints in a timely, efficient manner.

23         Section 9.  Section 320.835, Florida Statutes, is

24  amended to read:

25         320.835  Mobile home and recreational vehicle

26  warranties.--Each manufacturer, dealer, installer, and

27  supplier of mobile homes or recreational vehicles shall

28  warrant each new mobile home or recreational vehicle sold in

29  this state and the setup of each such mobile home, in

30  accordance with the warranty requirements prescribed by this

31  section, for a period of at least 12 months, measured from the


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 1  date of delivery of the mobile home to the buyer or the date

 2  of sale of the recreational vehicle in the case of a

 3  manufacturer or dealer, or from the date of receipt of a

 4  certificate of occupancy in the case of an installer. The

 5  warranty requirements of each manufacturer, dealer, installer,

 6  and supplier of mobile homes or recreational vehicles are as

 7  follows:

 8         (1)  The manufacturer warrants:

 9         (a)  For a mobile home or recreational vehicle, that

10  all structural elements; plumbing systems; heating, cooling,

11  and fuel-burning systems; electrical systems; fire prevention

12  systems; and any other components or conditions included by

13  the manufacturer are free from substantial defect.

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

15  mobile home.

16         (2)  The dealer warrants:

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

18  mobile home or recreational vehicle by the dealer or

19  authorized by the dealer shall be free from substantial

20  defect. Alterations or modifications made by a dealer shall

21  relieve the manufacturer of warranty responsibility only as to

22  the item altered or modified.

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

24  are performed in compliance with s. 320.8325.

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 installer warrants that the setup operations

 6  performed on the mobile home are performed in compliance with

 7  s. 320.8325 and department rules governing the installation.

 8         (4)(3)  The supplier warrants that any warranties

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

10  to consumers shall be extended to buyers of mobile homes and

11  recreational vehicles.  When no warranty is extended by

12  suppliers, the manufacturer shall assume warranty

13  responsibility for that component.

14         (5)  The department may adopt rules under chapter 120

15  to resolve disputes that may arise among the mobile home

16  manufacturer, dealer, installer, or supplier. Those rules must

17  comply with the dispute resolution process as set forth in the

18  federal Manufactured Housing Improvement Act.

19         Section 10.  Subsection (8) of section 215.559, Florida

20  Statutes, is amended to read:

21         215.559  Hurricane Loss Mitigation Program.--

22         (8)  This section is repealed June 30, 2011 2006.

23         Section 11.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  


                                  17

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