HB 0443 2004
   
1 A bill to be entitled
2          An act relating to mobile and manufactured homes; amending
3    s. 319.261, F.S.; deleting a requirement that the
4    manufacturer's certificate of origin be recorded with the
5    clerk of court in order for the Department of Highway
6    Safety and Motor Vehicles to retire the title to a mobile
7    home; amending s. 320.822, F.S.; defining the term
8    "installation"; amending s. 320.823, F.S.; requiring that
9    mobile and manufactured homes sold in this state be
10    constructed to meet certain standards; amending s.
11    320.8249, F.S.; revising penalties imposed against mobile
12    home installers who engage in certain prohibited
13    activities; prohibiting a local government from requiring
14    an installer to obtain an additional bond or insurance;
15    requiring installers to maintain a location log; creating
16    s. 320.8251, F.S.; requiring a person or entity that
17    manufactures mobile home installation components,
18    products, or systems to obtain a certificate of approval
19    from the Department of Highway Safety and Motor Vehicles;
20    providing requirements for certification; authorizing the
21    department to suspend or revoke the certification under
22    certain circumstances; providing that products,
23    components, or systems currently used in the installation
24    of mobile homes need not be certified until a certain
25    date; amending s. 320.8285, F.S.; requiring each county or
26    municipality to be responsible for the onsite inspection
27    of mobile home installation within its jurisdiction;
28    revising competency requirements for performing onsite
29    inspections; providing requirements for a county or
30    municipality in issuing a permit for the installation of a
31    mobile home and issuing a certificate of occupancy;
32    amending s. 320.8325, F.S.; deleting provisions requiring
33    the use of tie-downs and anchors; revising requirements of
34    the department with respect to rules setting forth
35    standards for the installation of mobile homes,
36    manufactured homes, and park trailers; providing that
37    owners are responsible for installation pursuant to
38    department rules; amending s. 320.834, F.S.; providing
39    legislative intent that mobile homes be an affordable
40    housing resource in this state; amending s. 320.835, F.S.;
41    requiring installers to warrant the installation of a new
42    mobile home from the date of receipt of a certificate of
43    occupancy for a certain period; authorizing the department
44    to adopt rules to resolve disputes between mobile home
45    manufacturers, dealers, installers, or suppliers;
46    providing an effective date.
47         
48          Be It Enacted by the Legislature of the State of Florida:
49         
50          Section 1. Subsections (2) and (3) of section 319.261,
51    Florida Statutes, are amended to read:
52          319.261 Real property transactions; retiring title to
53    mobile home.--
54          (2) The title to the mobile home may be retired by the
55    department if the owner of the real property records the
56    following documents in the official records of the clerk of
57    court in the county in which the real property is located:
58          (a) The original title to the mobile home, or for a new
59    home the manufacturers' certificate of origin, which document
60    shall include a description of the mobile home, including model
61    year, make, width, length, and vehicle identification number,
62    and a statement by any recorded lienholder on the title that the
63    security interest in the home has been released, or that such
64    security interest will be released upon retirement of the title
65    as set forth in this section.
66          (b) The legal description of the real property, and in the
67    case of a leasehold interest, a copy of the lease agreement.
68          (c) A sworn statement by the owner of the real property,
69    as shown on the real property deed or lease, that he or she is
70    the owner of the mobile home and that the home is permanently
71    affixed to the real property in accordance with state law.
72          (3) The clerk of court, upon receipt of the documents set
73    forth in subsection (2), shall record said documents against the
74    real property and provide a copy of the recorded title or
75    manufacturers' certificate of originto the owner of the real
76    property with a copy of all the documents recorded pursuant to
77    subsection (2).
78          Section 2. Subsection (14) of section 320.822, Florida
79    Statutes, is amended to read:
80          320.822 Definitions; ss. 320.822-320.862.--In construing
81    ss. 320.822-320.862, unless the context otherwise requires, the
82    following words or phrases have the following meanings:
83          (14) "Setup" or "installation"means the operations
84    performed at the occupancy site which render a mobile home or
85    park trailer fit for habitation. Such operations include, but
86    are not limited to, transporting;, positioning;, blocking;,
87    leveling, supporting, installing foundation products,
88    components, and systems; tying down,connecting utility
89    systems;, making minor adjustments;,or assembling multiple or
90    expandable units.
91          Section 3. Section 320.823, Florida Statutes, is amended
92    to read:
93          320.823 Establishment of uniform mobile home standards.--
94    Each new single-family or duplex mobile or manufacturedhome
95    manufactured in this state or manufactured outside this state
96    but sold or offered for sale in this state must be constructed
97    to shall meet the Manufactured Federal MobileHome Construction
98    and Safety Standards, promulgated by the Department of Housing
99    and Urban Development, pursuant to the Manufactured Housing
100    Improvement Act. Each duplex mobile home manufactured in this
101    state or manufactured outside this state but sold or offered for
102    sale in this state shall be constructed to meet the Federal
103    Mobile Home Construction and Safety Standards. Construction
104    requirements shall include a 1-hour-fire-rated wall separating
105    the two units. Such standards must shall include, but neednot
106    be limited to, standards for body and frame construction and the
107    installation of plumbing, HVAC heating, and electrical systems.
108          Section 4. Subsections (1), (9), (10), and (12) of section
109    320.8249, Florida Statutes, are amended, present subsections
110    (14), (15), and (16) are renumbered as subsections (15), (16),
111    and (17), respectively, and a new subsection (14) is added to
112    said section, to read:
113          320.8249 Mobile home installers license.--
114          (1) Any person who installs a engages in mobile home
115    installationshall obtain a mobile home installers license from
116    the Bureau of Mobile Home and Recreational Vehicle Construction
117    of the Department of Highway Safety and Motor Vehicles pursuant
118    to this section. Said license shall be renewed annually, and
119    each licensee shall pay a fee of $150.
120          (9) A No licensed person or nor licensed applicant may not
121    shall:
122          (a) Obtain a mobile home installers license by fraud or
123    misrepresentation.
124          (b) Be convicted or found guilty of, or enter a plea of
125    nolo contendere to, regardless of adjudication, a crime in any
126    jurisdiction which directly relates to the practice of mobile
127    home installation or the ability to practice.
128          (c) Violate any law or rule relating to installing,
129    repairing, or dealing in mobile homes or anylawful order of the
130    department.
131          (d) Commit fraud or deceit in the practice of contracting.
132          (e) Commit incompetence or misconduct in the practice of
133    contracting.
134          (f) Commit gross negligence, repeated negligence, or
135    negligence resulting in a significant danger to life or
136    property.
137          (g) Commit violations of the installation standards for
138    mobile homes or manufactured homes contained in rules 15C-1.0102
139    to 15C-1.0104, Florida Administrative Code.
140          (10) Any licensed person or license applicant who violates
141    subsection(7) or any provision ofsubsection (9) may have any of
142    the following disciplinary penalties imposed by the department,
143    at its discretion:
144          (a) License revocation;
145          (b) License suspension;
146          (c) A fine not to exceed $1,000 per violation involving a
147    single installation and not to exceed $5,000 for a violation
148    involving the total setup;
149          (d) A requirement to take and pass, or retake and pass,
150    the department-approved examination;
151          (e) Probation;
152          (f) Probation subject to such restriction of practice as
153    the department chooses to impose;
154          (g) A notice of noncompliance; or
155          (h) Refusal of licensure application.
156          (12) A Nocounty, municipality, or other unit of local
157    government may not require additional licensing, bonding, or
158    insuranceof a duly licensed installer who performs setup
159    operations as defined in s. 320.822. However, a county,
160    municipality, or other unit of local government may require an
161    installer to obtain a local occupational license, which license
162    shall not require for its issuance any conditions other than
163    those required by this chapter actand payment of the
164    appropriate occupational license fee.
165          (14) Each installer shall maintain a location log for each
166    decal for 2 years. This requirement shall not take effect until
167    the department develops an acceptable format for the log and
168    provides a sample of the acceptable format to each licensed
169    installer.
170          Section 5. Section 320.8251, Florida Statutes, is created
171    to read:
172          320.8251 Mobile home installation products; product
173    approval.--
174          (1) Each person or entity that engages in the manufacture
175    of mobile home installation components, products, or systems
176    must obtain a certification from the department which affirms
177    that such component, product, or system is approved for use in
178    the installation of mobile homes in this state.
179          (2) The department shall certify for use in this state any
180    mobile home installation component, product, or system for which
181    a person or entity applies to the department and which complies
182    with subsection (3).
183          (3) In order to obtain the certification set forth in this
184    section, a manufacturer must submit to the department a report
185    certifying that the mobile home installation component, product,
186    or system meets the mobile home installation standards set forth
187    in this section and in department rules. The report must be
188    signed and sealed by a professional engineer registered in this
189    state. In accordance with chapter 120, the department shall
190    review the report and approve or deny the certification of the
191    installation component, product, or system for use in the
192    installation of mobile homes in this state.
193          (4) The certification set forth in this subsection is
194    subject to suspension or revocation, and the person or entity
195    that obtained the certification is subject to a fine set by
196    department rules upon a finding by the department that the
197    person or entity has obtained the certification by
198    misrepresentation or fraud or that the product, component, or
199    system does not meet the mobile home installation standards set
200    forth in this chapter or in department rules.
201          (5) Any product, component, or system subject to this
202    section which is currently being used in the installation of
203    mobile homes in this state is not required to be certified in
204    accordance with this section until July 1, 2009.
205          Section 6. Section 320.8285, Florida Statutes, is amended
206    to read:
207          320.8285 Onsite inspection.--
208          (1) Each county or municipality in this state shall be
209    responsible for the prepare and adopt a plan providing for an
210    onsite inspection of each mobile home installationlocated
211    within the jurisdiction ofsuch entity. The onsite inspection
212    shall ensure compliance with the department's uniform
213    installation standards set forth in this chapter and in
214    department rules. state and local building codes, ordinances,
215    and regulations regarding such functions as blocking and
216    leveling, tie-downs, utility connections, conversions of
217    appliances, and external improvements on the mobile home. If a
218    mobile home is manufactured in conformity with the code, as
219    established in s. 320.823, a county may not require modification
220    of the mobile home in order to comply with local tie-down
221    regulations.
222          (2) When a county or municipality has not prepared and
223    adopted a plan providing for onsite inspection, the department
224    shall prepare a minimum onsite inspection plan for such county.
225    The department may promulgate reasonable rules and regulations
226    pursuant to chapter 120 in preparing and enforcing such a
227    minimum onsite inspection plan.
228          (2)(3)Each county or municipality may designate the
229    persons who are to perform the onsite inspection. If a county or
230    municipality does not so designate, the department shall
231    designate the persons who are to perform the onsite inspection.
232    A No person may not shallbe designated to perform onsite
233    inspections unless that such person is competent in the area
234    areas of mobile home installation. blocking and leveling, tie-
235    downs, utility connections, conversions of appliances, and
236    external improvements. Pursuant to the onsite inspection, each
237    mobile home shall be issued a certificate of occupancy if the
238    mobile home complies with state and local building codes,
239    ordinances, and regulations regarding such functions as blocking
240    and leveling, tie-downs, utility connections, conversion of
241    appliances, and external improvements to the mobile home.
242          (3) The county or municipality issuing a permit for the
243    installation of a mobile home shall issue such permit only to a
244    licensed mobile home installer or to a licensed mobile home
245    dealer or manufactured home owner if the dealer or owner
246    demonstrates on the face of the application that a licensed
247    installer will be performing the actual work. In the case of
248    issuance to an owner, the permit must reflect the name and the
249    license number of the licensed installer performing the work.
250          (4) Pursuant to the onsite inspection, each mobile home
251    shall be issued a certificate of occupancy if the mobile home
252    complies with department rules regarding the installation of
253    mobile homes.
254          (5)(4)Fees for onsite inspections and certificates of
255    occupancy of mobile homes shall be reasonable for the services
256    performed. A guideline for fee schedules shall be issued by the
257    department.
258          (6)(5)The Department of Highway Safety and Motor Vehicles
259    shall enforce every provision of this section and the rules
260    regulationsadopted pursuant hereto, except that local land use
261    and zoning requirements, fire zones, building setback and side
262    and rear yard requirements, site development and property line
263    requirements, subdivision control, and onsite installation
264    inspectionrequirements, as well as review and regulation of
265    architectural and aesthetic requirements, are hereby
266    specifically and entirely reserved to local jurisdictions.
267    However, any architectural or aesthetic requirement imposed on
268    the mobile home structure itself may pertain only to roofing and
269    siding materials. Such local requirements and regulations and
270    othersfor manufactured homes must be reasonable, uniformly
271    applied, and enforced without distinctions as to whether such
272    housing is manufactured, located in a mobile home park or a
273    mobile home subdivision, or built in a conventional manner. No
274    local jurisdiction shall prohibit siting or resiting of used
275    mobile homes based solely on the date the unit was manufactured.
276          (7)(6)Park trailers are subject to inspection in the same
277    manner as are mobile homes pursuant to this section.
278          Section 7. Section 320.8325, Florida Statutes, is amended
279    to read:
280          320.8325 Mobile homes, manufactured homes,and park
281    trailers; uniform tie-down requirements; minimuminstallation
282    standards; injunctions; penalty.--
283          (1) The owner of a mobile home or park trailer shall
284    secure the mobile home or park trailer to the ground by the use
285    of anchors and tie-downs so as to resist wind overturning and
286    sliding. However, nothing herein shall be construed as requiring
287    that anchors and tie-downs be installed to secure mobile homes
288    or park trailers which are permanently attached to a permanent
289    structure. A permanent structure shall have a foundation and
290    such other structural elements as are required pursuant to rules
291    and regulations promulgated by the department which assure the
292    rigidity and stability of the mobile home or park trailer.
293          (a) A mobile home or park trailer manufactured in
294    accordance with the code standards and labeled "hurricane and
295    windstorm resistive" shall be anchored to each anchor point
296    provided on the mobile home or park trailer. A mobile home or
297    park trailer which does not meet these standards must be
298    anchored with anchor points spaced as required by the department
299    starting at each end of the mobile home or park trailer.
300          (b) In addition, each mobile home or park trailer shall be
301    tied down by one of the following means:
302          1. A mobile home or park trailer having built-in, over-
303    the-roof ties shall be secured by the tie-down points, provided
304    such built-in ties and points meet the standards promulgated by
305    the department.
306          2. A mobile home or park trailer not having built-in,
307    over-the-roof ties and tie-down points which meet department
308    standards shall be secured in accordance with standards
309    promulgated by the department.
310          (1)(2) The department shall adopt promulgate rules and
311    regulations setting forth uniform standards for the installation
312    of mobile homes, manufactured homes, and park trailers and for
313    the manufacture of components, products, or systems used in the
314    installation of mobile homes, manufactured homes, and park
315    trailers. The rules shall ensure that the home or park trailer
316    is installed on a permanent foundation that resists wind, flood,
317    flotation, overturning, sliding, and lateral movement of the
318    home or park trailer. manufacture or installation of anchors,
319    tie-downs, over-the-roof ties, or other reliable methods of
320    securing mobile homes or park trailers when over-the-roof ties
321    are not suitable due to factors such as unreasonable cost,
322    design of the mobile home or park trailer, or potential damage
323    to the mobile home or park trailer.No entity, other than the
324    department, has authority to amend these uniform standards. The
325    owner of the mobile home, manufactured home, or park trailer
326    shall be responsible for the installation in accordance with
327    department rules. Such devices required under this section, when
328    properly installed, shall cause the mobile home or park trailer
329    to resist wind overturning and sliding. In promulgating such
330    rules and regulations, the department may make such
331    discriminations regarding mobile home or park trailer tie-down
332    requirements as are reasonable when factors such as age,
333    location, and practicality of tying down a mobile home or park
334    trailer are considered.
335          (2)(3)(a) Persons licensed in this state to engage in the
336    business of insuring mobile homes, manufactured homes,or park
337    trailers that are subject to the provisions of this section
338    against damage from windstorm shall issue such insurance only if
339    the mobile home, manufactured home, or park trailer has been
340    installed anchored and tied down in accordance with the
341    requirements provisions of this chapter and department rules
342    section.
343          (b) If In the event that a mobile home, manufactured home,
344    or park trailer is insured against damage caused by windstorm
345    and subsequently sustains windstorm damage of a nature that
346    indicates that the mobile home, manufactured home,or park
347    trailer was not installed anchored or tied downin the manner
348    required by this chapter and department rules section, the
349    person issuing the policy shall not be relieved from meeting the
350    obligations specified in the insurance policy with respect to
351    such damage on the basis that the mobile home or park trailer
352    was not properly installed anchored or tied down.
353          (3)(4) Whenever a person or entity that whoengages in the
354    business of manufactured housing installation or installing
355    anchors, tie-downs, or over-the-roof ties or who engagesin the
356    business of manufacturing components, products, or systems,
357    distributing, or dealing in such devices for use in this state
358    and does so in a manner that is not in accordance with the
359    uniform minimum standards set forth by the department, a person
360    or entityaggrieved thereby may bring an action in the
361    appropriate court for actual damages. In addition, the court may
362    provide appropriate equitable relief, including the enjoining of
363    a violator from engaging in the business or from engaging in
364    further violations. Whenever it is established to the
365    satisfaction of the court that a willful violation has occurred,
366    the court shall award punitive damages to the aggrieved party.
367    The losing party may be liable for court costs and reasonable
368    attorney's fees incurred by the prevailing party.
369          (4)(5)In addition to other penalties provided in this
370    section, the department or the state attorneys and their
371    assistants are authorized to apply to the circuit courts within
372    their respective jurisdictions, and such courts shall have
373    jurisdiction, upon hearing and for cause shown, to grant
374    temporary or permanent injunctions restraining any person or
375    entity persons engaging in the business of manufactured housing
376    installation or the manufacturing of components, products, or
377    systems manufacturing, distributing, or dealing in anchors, tie-
378    downs, or over-the-roof ties from installing homes or
379    manufacturing or selling such components, products, or systems
380    devices in a manner not in accordance with the uniform minimum
381    standards set forth by the department or restraining any persons
382    in the business of installing such components, products, or
383    systems anchors, tie-downs, or over-the-roof ties from using
384    utilizing devices that do not meet the uniform minimumstandards
385    set forth by the department or from installing such components,
386    products, or systems devicesin a manner not in accordance with
387    the uniform minimumstandards set forth by the department,
388    whether or not there exists an adequate remedy at law, and such
389    injunctions shall issue without bond.
390          (5)(6) This section only applies only to a mobile home,
391    manufactured home,or park trailer that is being used as a
392    dwelling place and that is located on a particular location for
393    a period of time exceeding 14 days, for a mobile or manufactured
394    home, or 45 days, for a park trailer.
395          (6)(7)For the purposes of this section, the definitions
396    set forth in s. 320.822 apply.
397          Section 8. Section 320.834, Florida Statutes, is amended
398    to read:
399          320.834 Purpose.--It is the intent of the Legislature to
400    ensure the safety and welfare of residents of mobile homes
401    through an inspection program conducted by the Department of
402    Highway Safety and Motor Vehicles. Mobile homes are a primary
403    affordablehousing resource of many of the residents of the
404    state and satisfy a large segment of statewide housing needs. It
405    is the further intent of the Legislature that the department,
406    mobile home dealers, and mobile home manufacturers continue to
407    work together to meet the applicable code requirements for
408    mobile homes and that such dealers and manufacturers share the
409    responsibilities of warranting mobile homes in accordance with
410    applicable codes and resolving legitimate consumer complaints in
411    a timely, efficient manner.
412          Section 9. Section 320.835, Florida Statutes, is amended
413    to read:
414          320.835 Mobile home and recreational vehicle warranties.--
415    Each manufacturer, dealer, installer,and supplier of mobile
416    homes or recreational vehicles shall warrant each new mobile
417    home or recreational vehicle sold in this state and the setup of
418    each such mobile home, in accordance with the warranty
419    requirements prescribed by this section, for a period of at
420    least 12 months, measured from the date of delivery of the
421    mobile home to the buyer or the date of sale of the recreational
422    vehicle in the case of a manufacturer or dealer, or from the
423    date of receipt of a certificate of occupancy in the case of an
424    installer. The warranty requirements of each manufacturer,
425    dealer, installer,and supplier of mobile homes or recreational
426    vehicles are as follows:
427          (1) The manufacturer warrants:
428          (a) For a mobile home or recreational vehicle, that all
429    structural elements; plumbing systems; heating, cooling, and
430    fuel-burning systems; electrical systems; fire prevention
431    systems; and any other components or conditions included by the
432    manufacturer are free from substantial defect.
433          (b) That 100-ampere electrical service exists in the
434    mobile home.
435          (2) The dealer warrants:
436          (a) That any modifications or alterations made to the
437    mobile home or recreational vehicle by the dealer or authorized
438    by the dealer shall be free from substantial defect. Alterations
439    or modifications made by a dealer shall relieve the manufacturer
440    of warranty responsibility only as to the item altered or
441    modified.
442          (b) That setup operations performed on the mobile home are
443    performed in compliance with s. 320.8325.
444          (c) That substantial defects do not occur to the mobile
445    home during setup or by transporting it to the occupancy site.
446         
447          When the setup of a mobile home is performed by a person who is
448    not an employee or agent of the mobile home manufacturer or
449    dealer and is not compensated or authorized by, or connected
450    with, such manufacturer or dealer, then the warranty
451    responsibility of the manufacturer or dealer as to setup shall
452    be limited to transporting the mobile home to the occupancy site
453    free from substantial defect.
454          (3) The installer warrants that the setup operations
455    performed on the mobile home are performed in compliance with s.
456    320.8325 and department rules governing the installation.
457          (4)(3)The supplier warrants that any warranties generally
458    offered in the ordinary sale of his or her product to consumers
459    shall be extended to buyers of mobile homes and recreational
460    vehicles. When no warranty is extended by suppliers, the
461    manufacturer shall assume warranty responsibility for that
462    component.
463          (5) The department may adopt rules under chapter 120 to
464    resolve disputes that may arise among the mobile home
465    manufacturer, dealer, installer, or supplier. Those rules must
466    comply with the dispute resolution process as set forth in the
467    federal Manufactured Housing Improvement Act.
468          Section 10. This act shall take effect upon becoming a
469    law.