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.