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A bill to be entitled |
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An act relating to mobile and manufactured homes; amending |
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s. 319.261, F.S.; deleting a requirement that the |
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manufacturer's certificate of origin be recorded with the |
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clerk of court in order for the Department of Highway |
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Safety and Motor Vehicles to retire the title to a mobile |
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home; amending s. 320.822, F.S.; defining the term |
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"installation"; amending s. 320.823, F.S.; requiring that |
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mobile and manufactured homes sold in this state be |
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constructed to meet certain standards; amending s. |
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320.8249, F.S.; revising penalties imposed against mobile |
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home installers who engage in certain prohibited |
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activities; prohibiting a local government from requiring |
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an installer to obtain an additional bond or insurance; |
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requiring installers to maintain a location log; creating |
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s. 320.8251, F.S.; requiring a person or entity that |
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manufactures mobile home installation components, |
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products, or systems to obtain a certificate of approval |
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from the Department of Highway Safety and Motor Vehicles; |
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providing requirements for certification; authorizing the |
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department to suspend or revoke the certification under |
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certain circumstances; providing that products, |
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components, or systems currently used in the installation |
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of mobile homes need not be certified until a certain |
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date; amending s. 320.8285, F.S.; requiring each county or |
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municipality to be responsible for the onsite inspection |
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of mobile home installation within its jurisdiction; |
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revising competency requirements for performing onsite |
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inspections; providing requirements for a county or |
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municipality in issuing a permit for the installation of a |
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mobile home and issuing a certificate of occupancy; |
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amending s. 320.8325, F.S.; deleting provisions requiring |
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the use of tie-downs and anchors; revising requirements of |
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the department with respect to rules setting forth |
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standards for the installation of mobile homes, |
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manufactured homes, and park trailers; providing that |
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owners are responsible for installation pursuant to |
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department rules; amending s. 320.834, F.S.; providing |
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legislative intent that mobile homes be an affordable |
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housing resource in this state; amending s. 320.835, F.S.; |
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requiring installers to warrant the installation of a new |
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mobile home from the date of receipt of a certificate of |
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occupancy for a certain period; authorizing the department |
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to adopt rules to resolve disputes between mobile home |
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manufacturers, dealers, installers, or suppliers; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (2) and (3) of section 319.261, |
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Florida Statutes, are amended to read: |
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319.261 Real property transactions; retiring title to |
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mobile home.-- |
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(2) The title to the mobile home may be retired by the |
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department if the owner of the real property records the |
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following documents in the official records of the clerk of |
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court in the county in which the real property is located: |
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(a) The original title to the mobile home, or for a new |
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home the manufacturers' certificate of origin, which document |
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shall include a description of the mobile home, including model |
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year, make, width, length, and vehicle identification number, |
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and a statement by any recorded lienholder on the title that the |
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security interest in the home has been released, or that such |
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security interest will be released upon retirement of the title |
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as set forth in this section. |
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(b) The legal description of the real property, and in the |
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case of a leasehold interest, a copy of the lease agreement. |
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(c) A sworn statement by the owner of the real property, |
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as shown on the real property deed or lease, that he or she is |
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the owner of the mobile home and that the home is permanently |
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affixed to the real property in accordance with state law. |
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(3) The clerk of court, upon receipt of the documents set |
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forth in subsection (2), shall record said documents against the |
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real property and provide a copy of the recorded title or |
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manufacturers' certificate of originto the owner of the real |
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property with a copy of all the documents recorded pursuant to |
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subsection (2). |
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Section 2. Subsection (14) of section 320.822, Florida |
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Statutes, is amended to read: |
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320.822 Definitions; ss. 320.822-320.862.--In construing |
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ss. 320.822-320.862, unless the context otherwise requires, the |
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following words or phrases have the following meanings: |
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(14) "Setup" or "installation"means the operations |
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performed at the occupancy site which render a mobile home or |
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park trailer fit for habitation. Such operations include, but |
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are not limited to, transporting;, positioning;, blocking;, |
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leveling, supporting, installing foundation products, |
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components, and systems; tying down,connecting utility |
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systems;, making minor adjustments;,or assembling multiple or |
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expandable units. |
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Section 3. Section 320.823, Florida Statutes, is amended |
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to read: |
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320.823 Establishment of uniform mobile home standards.-- |
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Each new single-family or duplex mobile or manufacturedhome |
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manufactured in this state or manufactured outside this state |
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but sold or offered for sale in this state must be constructed |
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to shall meet the Manufactured Federal MobileHome Construction |
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and Safety Standards, promulgated by the Department of Housing |
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and Urban Development, pursuant to the Manufactured Housing |
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Improvement Act. Each duplex mobile home manufactured in this |
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state or manufactured outside this state but sold or offered for |
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sale in this state shall be constructed to meet the Federal |
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Mobile Home Construction and Safety Standards. Construction |
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requirements shall include a 1-hour-fire-rated wall separating |
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the two units. Such standards must shall include, but neednot |
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be limited to, standards for body and frame construction and the |
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installation of plumbing, HVAC heating, and electrical systems. |
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Section 4. Subsections (1), (9), (10), and (12) of section |
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320.8249, Florida Statutes, are amended, present subsections |
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(14), (15), and (16) are renumbered as subsections (15), (16), |
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and (17), respectively, and a new subsection (14) is added to |
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said section, to read: |
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320.8249 Mobile home installers license.-- |
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(1) Any person who installs a engages in mobile home |
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installationshall obtain a mobile home installers license from |
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the Bureau of Mobile Home and Recreational Vehicle Construction |
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of the Department of Highway Safety and Motor Vehicles pursuant |
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to this section. Said license shall be renewed annually, and |
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each licensee shall pay a fee of $150. |
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(9) A No licensed person or nor licensed applicant may not |
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shall: |
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(a) Obtain a mobile home installers license by fraud or |
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misrepresentation. |
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(b) Be convicted or found guilty of, or enter a plea of |
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nolo contendere to, regardless of adjudication, a crime in any |
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jurisdiction which directly relates to the practice of mobile |
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home installation or the ability to practice. |
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(c) Violate any law or rule relating to installing, |
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repairing, or dealing in mobile homes or anylawful order of the |
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department. |
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(d) Commit fraud or deceit in the practice of contracting. |
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(e) Commit incompetence or misconduct in the practice of |
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contracting. |
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(f) Commit gross negligence, repeated negligence, or |
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negligence resulting in a significant danger to life or |
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property. |
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(g) Commit violations of the installation standards for |
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mobile homes or manufactured homes contained in rules 15C-1.0102 |
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to 15C-1.0104, Florida Administrative Code. |
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(10) Any licensed person or license applicant who violates |
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subsection(7) or any provision ofsubsection (9) may have any of |
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the following disciplinary penalties imposed by the department, |
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at its discretion: |
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(a) License revocation; |
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(b) License suspension; |
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(c) A fine not to exceed $1,000 per violation involving a |
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single installation and not to exceed $5,000 for a violation |
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involving the total setup; |
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(d) A requirement to take and pass, or retake and pass, |
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the department-approved examination; |
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(e) Probation; |
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(f) Probation subject to such restriction of practice as |
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the department chooses to impose; |
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(g) A notice of noncompliance; or |
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(h) Refusal of licensure application. |
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(12) A Nocounty, municipality, or other unit of local |
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government may not require additional licensing, bonding, or |
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insuranceof a duly licensed installer who performs setup |
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operations as defined in s. 320.822. However, a county, |
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municipality, or other unit of local government may require an |
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installer to obtain a local occupational license, which license |
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shall not require for its issuance any conditions other than |
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those required by this chapter actand payment of the |
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appropriate occupational license fee. |
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(14) Each installer shall maintain a location log for each |
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decal for 2 years. This requirement shall not take effect until |
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the department develops an acceptable format for the log and |
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provides a sample of the acceptable format to each licensed |
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installer. |
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Section 5. Section 320.8251, Florida Statutes, is created |
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to read: |
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320.8251 Mobile home installation products; product |
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approval.-- |
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(1) Each person or entity that engages in the manufacture |
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of mobile home installation components, products, or systems |
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must obtain a certification from the department which affirms |
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that such component, product, or system is approved for use in |
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the installation of mobile homes in this state. |
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(2) The department shall certify for use in this state any |
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mobile home installation component, product, or system for which |
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a person or entity applies to the department and which complies |
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with subsection (3). |
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(3) In order to obtain the certification set forth in this |
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section, a manufacturer must submit to the department a report |
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certifying that the mobile home installation component, product, |
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or system meets the mobile home installation standards set forth |
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in this section and in department rules. The report must be |
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signed and sealed by a professional engineer registered in this |
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state. In accordance with chapter 120, the department shall |
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review the report and approve or deny the certification of the |
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installation component, product, or system for use in the |
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installation of mobile homes in this state. |
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(4) The certification set forth in this subsection is |
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subject to suspension or revocation, and the person or entity |
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that obtained the certification is subject to a fine set by |
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department rules upon a finding by the department that the |
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person or entity has obtained the certification by |
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misrepresentation or fraud or that the product, component, or |
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system does not meet the mobile home installation standards set |
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forth in this chapter or in department rules. |
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(5) Any product, component, or system subject to this |
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section which is currently being used in the installation of |
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mobile homes in this state is not required to be certified in |
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accordance with this section until July 1, 2009. |
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Section 6. Section 320.8285, Florida Statutes, is amended |
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to read: |
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320.8285 Onsite inspection.-- |
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(1) Each county or municipality in this state shall be |
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responsible for the prepare and adopt a plan providing for an |
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onsite inspection of each mobile home installationlocated |
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within the jurisdiction ofsuch entity. The onsite inspection |
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shall ensure compliance with the department's uniform |
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installation standards set forth in this chapter and in |
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department rules. state and local building codes, ordinances, |
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and regulations regarding such functions as blocking and |
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leveling, tie-downs, utility connections, conversions of |
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appliances, and external improvements on the mobile home. If a |
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mobile home is manufactured in conformity with the code, as |
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established in s. 320.823, a county may not require modification |
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of the mobile home in order to comply with local tie-down |
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regulations. |
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(2) When a county or municipality has not prepared and |
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adopted a plan providing for onsite inspection, the department |
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shall prepare a minimum onsite inspection plan for such county. |
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The department may promulgate reasonable rules and regulations |
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pursuant to chapter 120 in preparing and enforcing such a |
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minimum onsite inspection plan. |
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(2)(3)Each county or municipality may designate the |
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persons who are to perform the onsite inspection. If a county or |
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municipality does not so designate, the department shall |
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designate the persons who are to perform the onsite inspection. |
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A No person may not shallbe designated to perform onsite |
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inspections unless that such person is competent in the area |
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areas of mobile home installation. blocking and leveling, tie- |
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downs, utility connections, conversions of appliances, and |
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external improvements. Pursuant to the onsite inspection, each |
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mobile home shall be issued a certificate of occupancy if the |
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mobile home complies with state and local building codes, |
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ordinances, and regulations regarding such functions as blocking |
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and leveling, tie-downs, utility connections, conversion of |
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appliances, and external improvements to the mobile home. |
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(3) The county or municipality issuing a permit for the |
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installation of a mobile home shall issue such permit only to a |
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licensed mobile home installer or to a licensed mobile home |
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dealer or manufactured home owner if the dealer or owner |
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demonstrates on the face of the application that a licensed |
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installer will be performing the actual work. In the case of |
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issuance to an owner, the permit must reflect the name and the |
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license number of the licensed installer performing the work. |
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(4) Pursuant to the onsite inspection, each mobile home |
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shall be issued a certificate of occupancy if the mobile home |
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complies with department rules regarding the installation of |
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mobile homes. |
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(5)(4)Fees for onsite inspections and certificates of |
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occupancy of mobile homes shall be reasonable for the services |
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performed. A guideline for fee schedules shall be issued by the |
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department. |
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(6)(5)The Department of Highway Safety and Motor Vehicles |
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shall enforce every provision of this section and the rules |
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regulationsadopted pursuant hereto, except that local land use |
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and zoning requirements, fire zones, building setback and side |
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and rear yard requirements, site development and property line |
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requirements, subdivision control, and onsite installation |
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inspectionrequirements, as well as review and regulation of |
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architectural and aesthetic requirements, are hereby |
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specifically and entirely reserved to local jurisdictions. |
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However, any architectural or aesthetic requirement imposed on |
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the mobile home structure itself may pertain only to roofing and |
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siding materials. Such local requirements and regulations and |
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othersfor manufactured homes must be reasonable, uniformly |
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applied, and enforced without distinctions as to whether such |
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housing is manufactured, located in a mobile home park or a |
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mobile home subdivision, or built in a conventional manner. No |
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local jurisdiction shall prohibit siting or resiting of used |
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mobile homes based solely on the date the unit was manufactured. |
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(7)(6)Park trailers are subject to inspection in the same |
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manner as are mobile homes pursuant to this section. |
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Section 7. Section 320.8325, Florida Statutes, is amended |
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to read: |
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320.8325 Mobile homes, manufactured homes,and park |
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trailers; uniform tie-down requirements; minimuminstallation |
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standards; injunctions; penalty.-- |
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(1) The owner of a mobile home or park trailer shall |
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secure the mobile home or park trailer to the ground by the use |
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of anchors and tie-downs so as to resist wind overturning and |
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sliding. However, nothing herein shall be construed as requiring |
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that anchors and tie-downs be installed to secure mobile homes |
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or park trailers which are permanently attached to a permanent |
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structure. A permanent structure shall have a foundation and |
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such other structural elements as are required pursuant to rules |
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and regulations promulgated by the department which assure the |
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rigidity and stability of the mobile home or park trailer. |
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(a) A mobile home or park trailer manufactured in |
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accordance with the code standards and labeled "hurricane and |
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windstorm resistive" shall be anchored to each anchor point |
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provided on the mobile home or park trailer. A mobile home or |
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park trailer which does not meet these standards must be |
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anchored with anchor points spaced as required by the department |
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starting at each end of the mobile home or park trailer. |
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(b) In addition, each mobile home or park trailer shall be |
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tied down by one of the following means: |
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1. A mobile home or park trailer having built-in, over- |
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the-roof ties shall be secured by the tie-down points, provided |
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such built-in ties and points meet the standards promulgated by |
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the department. |
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2. A mobile home or park trailer not having built-in, |
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over-the-roof ties and tie-down points which meet department |
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standards shall be secured in accordance with standards |
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promulgated by the department. |
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(1)(2) The department shall adopt promulgate rules and |
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regulations setting forth uniform standards for the installation |
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of mobile homes, manufactured homes, and park trailers and for |
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the manufacture of components, products, or systems used in the |
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installation of mobile homes, manufactured homes, and park |
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trailers. The rules shall ensure that the home or park trailer |
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is installed on a permanent foundation that resists wind, flood, |
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flotation, overturning, sliding, and lateral movement of the |
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home or park trailer. manufacture or installation of anchors, |
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tie-downs, over-the-roof ties, or other reliable methods of |
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securing mobile homes or park trailers when over-the-roof ties |
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are not suitable due to factors such as unreasonable cost, |
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design of the mobile home or park trailer, or potential damage |
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to the mobile home or park trailer.No entity, other than the |
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department, has authority to amend these uniform standards. The |
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owner of the mobile home, manufactured home, or park trailer |
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shall be responsible for the installation in accordance with |
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department rules. Such devices required under this section, when |
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properly installed, shall cause the mobile home or park trailer |
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to resist wind overturning and sliding. In promulgating such |
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rules and regulations, the department may make such |
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discriminations regarding mobile home or park trailer tie-down |
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requirements as are reasonable when factors such as age, |
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location, and practicality of tying down a mobile home or park |
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trailer are considered. |
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(2)(3)(a) Persons licensed in this state to engage in the |
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business of insuring mobile homes, manufactured homes,or park |
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trailers that are subject to the provisions of this section |
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against damage from windstorm shall issue such insurance only if |
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the mobile home, manufactured home, or park trailer has been |
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installed anchored and tied down in accordance with the |
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requirements provisions of this chapter and department rules |
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section. |
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(b) If In the event that a mobile home, manufactured home, |
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or park trailer is insured against damage caused by windstorm |
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and subsequently sustains windstorm damage of a nature that |
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indicates that the mobile home, manufactured home,or park |
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trailer was not installed anchored or tied downin the manner |
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required by this chapter and department rules section, the |
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person issuing the policy shall not be relieved from meeting the |
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obligations specified in the insurance policy with respect to |
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such damage on the basis that the mobile home or park trailer |
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was not properly installed anchored or tied down. |
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(3)(4) Whenever a person or entity that whoengages in the |
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business of manufactured housing installation or installing |
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anchors, tie-downs, or over-the-roof ties or who engagesin the |
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business of manufacturing components, products, or systems, |
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distributing, or dealing in such devices for use in this state |
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and does so in a manner that is not in accordance with the |
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uniform minimum standards set forth by the department, a person |
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or entityaggrieved thereby may bring an action in the |
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appropriate court for actual damages. In addition, the court may |
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provide appropriate equitable relief, including the enjoining of |
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a violator from engaging in the business or from engaging in |
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further violations. Whenever it is established to the |
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satisfaction of the court that a willful violation has occurred, |
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the court shall award punitive damages to the aggrieved party. |
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The losing party may be liable for court costs and reasonable |
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attorney's fees incurred by the prevailing party. |
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(4)(5)In addition to other penalties provided in this |
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section, the department or the state attorneys and their |
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assistants are authorized to apply to the circuit courts within |
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their respective jurisdictions, and such courts shall have |
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jurisdiction, upon hearing and for cause shown, to grant |
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temporary or permanent injunctions restraining any person or |
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entity persons engaging in the business of manufactured housing |
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installation or the manufacturing of components, products, or |
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systems manufacturing, distributing, or dealing in anchors, tie- |
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downs, or over-the-roof ties from installing homes or |
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manufacturing or selling such components, products, or systems |
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devices in a manner not in accordance with the uniform minimum |
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standards set forth by the department or restraining any persons |
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in the business of installing such components, products, or |
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systems anchors, tie-downs, or over-the-roof ties from using |
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utilizing devices that do not meet the uniform minimumstandards |
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set forth by the department or from installing such components, |
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products, or systems devicesin a manner not in accordance with |
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the uniform minimumstandards set forth by the department, |
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whether or not there exists an adequate remedy at law, and such |
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injunctions shall issue without bond. |
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(5)(6) This section only applies only to a mobile home, |
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manufactured home,or park trailer that is being used as a |
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dwelling place and that is located on a particular location for |
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a period of time exceeding 14 days, for a mobile or manufactured |
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home, or 45 days, for a park trailer. |
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(6)(7)For the purposes of this section, the definitions |
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set forth in s. 320.822 apply. |
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Section 8. Section 320.834, Florida Statutes, is amended |
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to read: |
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320.834 Purpose.--It is the intent of the Legislature to |
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ensure the safety and welfare of residents of mobile homes |
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through an inspection program conducted by the Department of |
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Highway Safety and Motor Vehicles. Mobile homes are a primary |
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affordablehousing resource of many of the residents of the |
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state and satisfy a large segment of statewide housing needs. It |
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is the further intent of the Legislature that the department, |
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mobile home dealers, and mobile home manufacturers continue to |
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work together to meet the applicable code requirements for |
408
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mobile homes and that such dealers and manufacturers share the |
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responsibilities of warranting mobile homes in accordance with |
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applicable codes and resolving legitimate consumer complaints in |
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a timely, efficient manner. |
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Section 9. Section 320.835, Florida Statutes, is amended |
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to read: |
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320.835 Mobile home and recreational vehicle warranties.-- |
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Each manufacturer, dealer, installer,and supplier of mobile |
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homes or recreational vehicles shall warrant each new mobile |
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home or recreational vehicle sold in this state and the setup of |
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each such mobile home, in accordance with the warranty |
419
|
requirements prescribed by this section, for a period of at |
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least 12 months, measured from the date of delivery of the |
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|
mobile home to the buyer or the date of sale of the recreational |
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|
vehicle in the case of a manufacturer or dealer, or from the |
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date of receipt of a certificate of occupancy in the case of an |
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|
installer. The warranty requirements of each manufacturer, |
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|
dealer, installer,and supplier of mobile homes or recreational |
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|
vehicles are as follows: |
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(1) The manufacturer warrants: |
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(a) For a mobile home or recreational vehicle, that all |
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structural elements; plumbing systems; heating, cooling, and |
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|
fuel-burning systems; electrical systems; fire prevention |
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|
systems; and any other components or conditions included by the |
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manufacturer are free from substantial defect. |
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(b) That 100-ampere electrical service exists in the |
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mobile home. |
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(2) The dealer warrants: |
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(a) That any modifications or alterations made to the |
437
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mobile home or recreational vehicle by the dealer or authorized |
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|
by the dealer shall be free from substantial defect. Alterations |
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|
or modifications made by a dealer shall relieve the manufacturer |
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|
of warranty responsibility only as to the item altered or |
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modified. |
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(b) That setup operations performed on the mobile home are |
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performed in compliance with s. 320.8325. |
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(c) That substantial defects do not occur to the mobile |
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home during setup or by transporting it to the occupancy site. |
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|
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When the setup of a mobile home is performed by a person who is |
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not an employee or agent of the mobile home manufacturer or |
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|
dealer and is not compensated or authorized by, or connected |
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|
with, such manufacturer or dealer, then the warranty |
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|
responsibility of the manufacturer or dealer as to setup shall |
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|
be limited to transporting the mobile home to the occupancy site |
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|
free from substantial defect. |
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(3) The installer warrants that the setup operations |
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performed on the mobile home are performed in compliance with s. |
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320.8325 and department rules governing the installation. |
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(4)(3)The supplier warrants that any warranties generally |
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offered in the ordinary sale of his or her product to consumers |
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shall be extended to buyers of mobile homes and recreational |
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vehicles. When no warranty is extended by suppliers, the |
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manufacturer shall assume warranty responsibility for that |
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component. |
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(5) The department may adopt rules under chapter 120 to |
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resolve disputes that may arise among the mobile home |
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manufacturer, dealer, installer, or supplier. Those rules must |
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comply with the dispute resolution process as set forth in the |
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federal Manufactured Housing Improvement Act. |
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Section 10. This act shall take effect upon becoming a |
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law. |