HB 0443CS

CHAMBER ACTION



1The Committee on Transportation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to mobile and manufactured homes; amending
7s. 319.261, F.S.; deleting a requirement that the
8manufacturer's certificate of origin be recorded with the
9clerk of court in order for the Department of Highway
10Safety and Motor Vehicles to retire the title to a mobile
11home; amending s. 320.822, F.S.; defining the term
12"installation"; amending s. 320.823, F.S.; requiring that
13mobile and manufactured homes sold in this state be
14constructed to meet certain standards; amending s.
15320.8249, F.S.; revising penalties imposed against mobile
16home installers who engage in certain prohibited
17activities; prohibiting a local government from requiring
18an installer to obtain an additional bond or insurance;
19requiring installers to maintain a location log; creating
20s. 320.8251, F.S.; requiring a person or entity that
21manufactures mobile home installation components,
22products, or systems to obtain a certificate of approval
23from the Department of Highway Safety and Motor Vehicles;
24providing requirements for certification; authorizing the
25department to suspend or revoke the certification under
26certain circumstances; providing that products,
27components, or systems currently used in the installation
28of mobile homes need not be certified until a certain
29date; amending s. 320.8285, F.S.; requiring each county or
30municipality to be responsible for the onsite inspection
31of mobile home installation within its jurisdiction;
32revising competency requirements for performing onsite
33inspections; providing requirements for a county or
34municipality in issuing a permit for the installation of a
35mobile home and issuing a certificate of occupancy;
36amending s. 320.8325, F.S.; deleting provisions requiring
37the use of tie-downs and anchors; revising requirements of
38the department with respect to rules setting forth
39standards for the installation of mobile homes,
40manufactured homes, and park trailers; providing that
41owners are responsible for installation pursuant to
42department rules; amending s. 320.834, F.S.; providing
43legislative intent that mobile homes be an affordable
44housing resource in this state; amending s. 320.835, F.S.;
45requiring installers to warrant the installation of a new
46mobile home from the date of receipt of a certificate of
47occupancy for a certain period; authorizing the department
48to adopt rules to resolve disputes between mobile home
49manufacturers, dealers, installers, or suppliers;
50providing an effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Subsections (2), (3), and (6) of section
55319.261, Florida Statutes, are amended to read:
56     319.261  Real property transactions; retiring title to
57mobile home.--
58     (2)  The title to the mobile home may be retired by the
59department if the owner of the real property records the
60following documents in the official records of the clerk of
61court in the county in which the real property is located:
62     (a)  The original title to the mobile home, or for a new
63home the manufacturers' certificate of origin, which document
64shall include a description of the mobile home, including model
65year, make, width, length, and vehicle identification number,
66and a statement by any recorded lienholder on the title that the
67security interest in the home has been released, or that such
68security interest will be released upon retirement of the title
69as set forth in this section.
70     (b)  The legal description of the real property, and in the
71case of a leasehold interest, a copy of the lease agreement.
72     (c)  A sworn statement by the owner of the real property,
73as shown on the real property deed or lease, that he or she is
74the owner of the mobile home and that the home is permanently
75affixed to the real property in accordance with state law.
76     (3)  The clerk of court, upon receipt of the documents set
77forth in subsection (2), shall record said documents against the
78real property and provide a copy of the recorded title or
79manufacturers' certificate of origin to the owner of the real
80property with a copy of all the documents recorded pursuant to
81subsection (2).
82     (6)  The owner of the real property with a recorded and
83retired title shall file an application with the department to
84issue a new title to the mobile home, if the mobile home is to
85be removed from the real property. The department shall issue a
86new title upon receipt of an application from the owner of the
87real property containing the following information:
88     (a)  An affidavit signed by the owners of the land and all
89secured parties and other lienholders consenting to the removal
90of the home.
91     (b)  A certification from a title insurance company listing
92the owners and all secured parties and other lienholders, which
93is dated within 10 days of after the date of application for a
94new title under this subsection.
95     Section 2.  Subsection (14) of section 320.822, Florida
96Statutes, is amended to read:
97     320.822  Definitions; ss. 320.822-320.862.--In construing
98ss. 320.822-320.862, unless the context otherwise requires, the
99following words or phrases have the following meanings:
100     (14)  "Setup" or "installation" means the operations
101performed at the occupancy site which render a mobile home or
102park trailer fit for habitation. Such operations include, but
103are not limited to, transporting;, positioning;, blocking;,
104leveling, supporting, installing foundation products,
105components, and systems; tying down, connecting utility
106systems;, making minor adjustments;, or assembling multiple or
107expandable units.
108     Section 3.  Section 320.823, Florida Statutes, is amended
109to read:
110     320.823  Establishment of uniform mobile home
111standards.--Each new single-family or duplex mobile or
112manufactured home manufactured in this state or manufactured
113outside this state but sold or offered for sale in this state
114must be constructed to shall meet the Manufactured Federal
115Mobile Home Construction and Safety Standards, promulgated by
116the Department of Housing and Urban Development, pursuant to the
117Manufactured Housing Improvement Act. Each duplex mobile home
118manufactured in this state or manufactured outside this state
119but sold or offered for sale in this state shall be constructed
120to meet the Federal Mobile Home Construction and Safety
121Standards. Construction requirements shall include a 1-hour-
122fire-rated wall separating the two units. Such standards must
123shall include, but need not be limited to, standards for body
124and frame construction and the installation of plumbing, HVAC
125heating, and electrical systems.
126     Section 4.  Subsections (1), (9), (10), and (12) of section
127320.8249, Florida Statutes, are amended, present subsections
128(14), (15), and (16) are renumbered as subsections (15), (16),
129and (17), respectively, and a new subsection (14) is added to
130said section, to read:
131     320.8249  Mobile home installers license.--
132     (1)  Any person who installs a engages in mobile home
133installation shall obtain a mobile home installers license from
134the Bureau of Mobile Home and Recreational Vehicle Construction
135of the Department of Highway Safety and Motor Vehicles pursuant
136to this section.  Said license shall be renewed annually, and
137each licensee shall pay a fee of $150.
138     (9)  A No licensed person or nor licensed applicant may not
139shall:
140     (a)  Obtain a mobile home installers license by fraud or
141misrepresentation.
142     (b)  Be convicted or found guilty of, or enter a plea of
143nolo contendere to, regardless of adjudication, a crime in any
144jurisdiction which directly relates to the practice of mobile
145home installation or the ability to practice.
146     (c)  Violate any law or rule relating to installing,
147repairing, or dealing in mobile homes or any lawful order of the
148department.
149     (d)  Commit fraud or deceit in the practice of contracting.
150     (e)  Commit incompetence or misconduct in the practice of
151contracting.
152     (f)  Commit gross negligence, repeated negligence, or
153negligence resulting in a significant danger to life or
154property.
155     (g)  Commit violations of the installation standards for
156mobile homes or manufactured homes contained in rules 15C-1.0102
157to 15C-1.0104, Florida Administrative Code.
158     (10)  Any licensed person or license applicant who violates
159subsection (7) or any provision of subsection (9) may have any
160of the following disciplinary penalties imposed by the
161department, at its discretion:
162     (a)  License revocation;
163     (b)  License suspension;
164     (c)  A fine not to exceed $1,000 per violation involving a
165single installation and not to exceed $5,000 for a violation
166involving the total setup;
167     (d)  A requirement to take and pass, or retake and pass,
168the department-approved examination;
169     (e)  Probation;
170     (f)  Probation subject to such restriction of practice as
171the department chooses to impose;
172     (g)  A notice of noncompliance; or
173     (h)  Refusal of licensure application.
174     (12)  A No county, municipality, or other unit of local
175government may not require additional licensing, bonding, or
176insurance of a duly licensed installer who performs setup
177operations as defined in s. 320.822.  However, a county,
178municipality, or other unit of local government may require an
179installer to obtain a local occupational license, which license
180shall not require for its issuance any conditions other than
181those required by this chapter act and payment of the
182appropriate occupational license fee.
183     (14)  Each installer shall maintain a location log for each
184decal for 2 years. This requirement shall not take effect until
185the department develops an acceptable format for the log and
186provides a sample of the acceptable format to each licensed
187installer.
188     Section 5.  Section 320.8251, Florida Statutes, is created
189to read:
190     320.8251  Mobile home installation products; product
191approval.--
192     (1)  Each person or entity that engages in the manufacture
193of mobile home installation components, products, or systems
194must obtain a certification from the department which affirms
195that such component, product, or system is approved for use in
196the installation of mobile homes in this state.
197     (2)  The department shall certify for use in this state any
198mobile home installation component, product, or system for which
199a person or entity applies to the department and which complies
200with subsection (3).
201     (3)  In order to obtain the certification set forth in this
202section, a manufacturer must submit to the department a report
203certifying that the mobile home installation component, product,
204or system meets the mobile home installation standards set forth
205in this section and in department rules. The report must be
206signed and sealed by a professional engineer registered in this
207state. In accordance with chapter 120, the department shall
208review the report and approve or deny the certification of the
209installation component, product, or system for use in the
210installation of mobile homes in this state.
211     (4)  The certification set forth in this subsection is
212subject to suspension or revocation, and the person or entity
213that obtained the certification is subject to a fine set by
214department rules upon a finding by the department that the
215person or entity has obtained the certification by
216misrepresentation or fraud or that the product, component, or
217system does not meet the mobile home installation standards set
218forth in this chapter or in department rules.
219     (5)  Any product, component, or system subject to this
220section which is currently being used in the installation of
221mobile homes in this state is not required to be certified in
222accordance with this section until July 1, 2009.
223     Section 6.  Section 320.8285, Florida Statutes, is amended
224to read:
225     320.8285  Onsite inspection.--
226     (1)  Each county or municipality in this state shall be
227responsible for the prepare and adopt a plan providing for an
228onsite inspection of each mobile home installation located
229within the jurisdiction of such entity. The onsite inspection
230shall ensure compliance with the department's uniform
231installation standards set forth in this chapter and in
232department rules. state and local building codes, ordinances,
233and regulations regarding such functions as blocking and
234leveling, tie-downs, utility connections, conversions of
235appliances, and external improvements on the mobile home. If a
236mobile home is manufactured in conformity with the code, as
237established in s. 320.823, a county may not require modification
238of the mobile home in order to comply with local tie-down
239regulations.
240     (2)  When a county or municipality has not prepared and
241adopted a plan providing for onsite inspection, the department
242shall prepare a minimum onsite inspection plan for such county.
243The department may promulgate reasonable rules and regulations
244pursuant to chapter 120 in preparing and enforcing such a
245minimum onsite inspection plan.
246     (2)(3)  Each county or municipality may designate the
247persons who are to perform the onsite inspection. If a county or
248municipality does not so designate, the department shall
249designate the persons who are to perform the onsite inspection.
250A No person may not shall be designated to perform onsite
251inspections unless that such person is competent in the area
252areas of mobile home installation. blocking and leveling, tie-
253downs, utility connections, conversions of appliances, and
254external improvements. Pursuant to the onsite inspection, each
255mobile home shall be issued a certificate of occupancy if the
256mobile home complies with state and local building codes,
257ordinances, and regulations regarding such functions as blocking
258and leveling, tie-downs, utility connections, conversion of
259appliances, and external improvements to the mobile home.
260     (3)  The county or municipality issuing a permit for the
261installation of a mobile home shall issue such permit only to a
262licensed mobile home installer or to a licensed mobile home
263dealer or manufactured home owner if the dealer or owner
264demonstrates on the face of the application that a licensed
265installer will be performing the actual work. In the case of
266issuance to an owner, the permit must reflect the name and the
267license number of the licensed installer performing the work.
268     (4)  Pursuant to the onsite inspection, each mobile home
269shall be issued a certificate of occupancy if the mobile home
270complies with department rules regarding the installation of
271mobile homes.
272     (5)(4)  Fees for onsite inspections and certificates of
273occupancy of mobile homes shall be reasonable for the services
274performed.  A guideline for fee schedules shall be issued by the
275department.
276     (6)(5)  The Department of Highway Safety and Motor Vehicles
277shall enforce every provision of this section and the rules
278regulations adopted pursuant hereto, except that local land use
279and zoning requirements, fire zones, building setback and side
280and rear yard requirements, site development and property line
281requirements, subdivision control, and onsite installation
282inspection requirements, as well as review and regulation of
283architectural and aesthetic requirements, are hereby
284specifically and entirely reserved to local jurisdictions.
285However, any architectural or aesthetic requirement imposed on
286the mobile home structure itself may pertain only to roofing and
287siding materials. Such local requirements and regulations and
288others for manufactured homes must be reasonable, uniformly
289applied, and enforced without distinctions as to whether such
290housing is manufactured, located in a mobile home park or a
291mobile home subdivision, or built in a conventional manner. No
292local jurisdiction shall prohibit siting or resiting of used
293mobile homes based solely on the date the unit was manufactured.
294     (7)(6)  Park trailers are subject to inspection in the same
295manner as are mobile homes pursuant to this section.
296     Section 7.  Section 320.8325, Florida Statutes, is amended
297to read:
298     320.8325  Mobile homes, manufactured homes, and park
299trailers; uniform tie-down requirements; minimum installation
300standards; injunctions; penalty.--
301     (1)  The owner of a mobile home or park trailer shall
302secure the mobile home or park trailer to the ground by the use
303of anchors and tie-downs so as to resist wind overturning and
304sliding. However, nothing herein shall be construed as requiring
305that anchors and tie-downs be installed to secure mobile homes
306or park trailers which are permanently attached to a permanent
307structure. A permanent structure shall have a foundation and
308such other structural elements as are required pursuant to rules
309and regulations promulgated by the department which assure the
310rigidity and stability of the mobile home or park trailer.
311     (a)  A mobile home or park trailer manufactured in
312accordance with the code standards and labeled "hurricane and
313windstorm resistive" shall be anchored to each anchor point
314provided on the mobile home or park trailer.  A mobile home or
315park trailer which does not meet these standards must be
316anchored with anchor points spaced as required by the department
317starting at each end of the mobile home or park trailer.
318     (b)  In addition, each mobile home or park trailer shall be
319tied down by one of the following means:
320     1.  A mobile home or park trailer having built-in, over-
321the-roof ties shall be secured by the tie-down points, provided
322such built-in ties and points meet the standards promulgated by
323the department.
324     2.  A mobile home or park trailer not having built-in,
325over-the-roof ties and tie-down points which meet department
326standards shall be secured in accordance with standards
327promulgated by the department.
328     (1)(2)  The department shall adopt promulgate rules and
329regulations setting forth uniform standards for the installation
330of mobile homes, manufactured homes, and park trailers and for
331the manufacture of components, products, or systems used in the
332installation of mobile homes, manufactured homes, and park
333trailers. The rules shall ensure that the home or park trailer
334is installed on a permanent foundation that resists wind, flood,
335flotation, overturning, sliding, and lateral movement of the
336home or park trailer. manufacture or installation of anchors,
337tie-downs, over-the-roof ties, or other reliable methods of
338securing mobile homes or park trailers when over-the-roof ties
339are not suitable due to factors such as unreasonable cost,
340design of the mobile home or park trailer, or potential damage
341to the mobile home or park trailer. No entity, other than the
342department, has authority to amend these uniform standards. The
343owner of the mobile home, manufactured home, or park trailer
344shall be responsible for the installation in accordance with
345department rules. Such devices required under this section, when
346properly installed, shall cause the mobile home or park trailer
347to resist wind overturning and sliding.  In promulgating such
348rules and regulations, the department may make such
349discriminations regarding mobile home or park trailer tie-down
350requirements as are reasonable when factors such as age,
351location, and practicality of tying down a mobile home or park
352trailer are considered.
353     (2)(3)(a)  Persons licensed in this state to engage in the
354business of insuring mobile homes, manufactured homes, or park
355trailers that are subject to the provisions of this section
356against damage from windstorm shall issue such insurance only if
357the mobile home, manufactured home, or park trailer has been
358installed anchored and tied down in accordance with the
359requirements provisions of this chapter and department rules
360section.
361     (b)  If In the event that a mobile home, manufactured home,
362or park trailer is insured against damage caused by windstorm
363and subsequently sustains windstorm damage of a nature that
364indicates that the mobile home, manufactured home, or park
365trailer was not installed anchored or tied down in the manner
366required by this chapter and department rules section, the
367person issuing the policy shall not be relieved from meeting the
368obligations specified in the insurance policy with respect to
369such damage on the basis that the mobile home or park trailer
370was not properly installed anchored or tied down.
371     (3)(4)  Whenever a person or entity that who engages in the
372business of manufactured housing installation or installing
373anchors, tie-downs, or over-the-roof ties or who engages in the
374business of manufacturing components, products, or systems,
375distributing, or dealing in such devices for use in this state
376and does so in a manner that is not in accordance with the
377uniform minimum standards set forth by the department, a person
378or entity aggrieved thereby may bring an action in the
379appropriate court for actual damages. In addition, the court may
380provide appropriate equitable relief, including the enjoining of
381a violator from engaging in the business or from engaging in
382further violations.  Whenever it is established to the
383satisfaction of the court that a willful violation has occurred,
384the court shall award punitive damages to the aggrieved party.  
385The losing party may be liable for court costs and reasonable
386attorney's fees incurred by the prevailing party.
387     (4)(5)  In addition to other penalties provided in this
388section, the department or the state attorneys and their
389assistants are authorized to apply to the circuit courts within
390their respective jurisdictions, and such courts shall have
391jurisdiction, upon hearing and for cause shown, to grant
392temporary or permanent injunctions restraining any person or
393entity persons engaging in the business of manufactured housing
394installation or the manufacturing of components, products, or
395systems manufacturing, distributing, or dealing in anchors, tie-
396downs, or over-the-roof ties from installing homes or
397manufacturing or selling such components, products, or systems
398devices in a manner not in accordance with the uniform minimum
399standards set forth by the department or restraining any persons
400in the business of installing such components, products, or
401systems anchors, tie-downs, or over-the-roof ties from using
402utilizing devices that do not meet the uniform minimum standards
403set forth by the department or from installing such components,
404products, or systems devices in a manner not in accordance with
405the uniform minimum standards set forth by the department,
406whether or not there exists an adequate remedy at law, and such
407injunctions shall issue without bond.
408     (5)(6)  This section only applies only to a mobile home,
409manufactured home, or park trailer that is being used as a
410dwelling place and that is located on a particular location for
411a period of time exceeding 14 days, for a mobile or manufactured
412home, or 45 days, for a park trailer.
413     (6)(7)  For the purposes of this section, the definitions
414set forth in s. 320.822 apply.
415     Section 8.  Section 320.834, Florida Statutes, is amended
416to read:
417     320.834  Purpose.--It is the intent of the Legislature to
418ensure the safety and welfare of residents of mobile homes
419through an inspection program conducted by the Department of
420Highway Safety and Motor Vehicles. Mobile homes are a primary
421affordable housing resource of many of the residents of the
422state and satisfy a large segment of statewide housing needs. It
423is the further intent of the Legislature that the department,
424mobile home dealers, and mobile home manufacturers continue to
425work together to meet the applicable code requirements for
426mobile homes and that such dealers and manufacturers share the
427responsibilities of warranting mobile homes in accordance with
428applicable codes and resolving legitimate consumer complaints in
429a timely, efficient manner.
430     Section 9.  Section 320.835, Florida Statutes, is amended
431to read:
432     320.835  Mobile home and recreational vehicle
433warranties.--Each manufacturer, dealer, installer, and supplier
434of mobile homes or recreational vehicles shall warrant each new
435mobile home or recreational vehicle sold in this state and the
436setup of each such mobile home, in accordance with the warranty
437requirements prescribed by this section, for a period of at
438least 12 months, measured from the date of delivery of the
439mobile home to the buyer or the date of sale of the recreational
440vehicle in the case of a manufacturer or dealer, or from the
441date of receipt of a certificate of occupancy in the case of an
442installer. The warranty requirements of each manufacturer,
443dealer, installer, and supplier of mobile homes or recreational
444vehicles are as follows:
445     (1)  The manufacturer warrants:
446     (a)  For a mobile home or recreational vehicle, that all
447structural elements; plumbing systems; heating, cooling, and
448fuel-burning systems; electrical systems; fire prevention
449systems; and any other components or conditions included by the
450manufacturer are free from substantial defect.
451     (b)  That 100-ampere electrical service exists in the
452mobile home.
453     (2)  The dealer warrants:
454     (a)  That any modifications or alterations made to the
455mobile home or recreational vehicle by the dealer or authorized
456by the dealer shall be free from substantial defect. Alterations
457or modifications made by a dealer shall relieve the manufacturer
458of warranty responsibility only as to the item altered or
459modified.
460     (b)  That setup operations performed on the mobile home are
461performed in compliance with s. 320.8325.
462     (c)  That substantial defects do not occur to the mobile
463home during setup or by transporting it to the occupancy site.
464
465When the setup of a mobile home is performed by a person who is
466not an employee or agent of the mobile home manufacturer or
467dealer and is not compensated or authorized by, or connected
468with, such manufacturer or dealer, then the warranty
469responsibility of the manufacturer or dealer as to setup shall
470be limited to transporting the mobile home to the occupancy site
471free from substantial defect.
472     (3)  The installer warrants that the setup operations
473performed on the mobile home are performed in compliance with s.
474320.8325 and department rules governing the installation.
475     (4)(3)  The supplier warrants that any warranties generally
476offered in the ordinary sale of his or her product to consumers
477shall be extended to buyers of mobile homes and recreational
478vehicles.  When no warranty is extended by suppliers, the
479manufacturer shall assume warranty responsibility for that
480component.
481     (5)  The department may adopt rules under chapter 120 to
482resolve disputes that may arise among the mobile home
483manufacturer, dealer, installer, or supplier. Those rules must
484comply with the dispute resolution process as set forth in the
485federal Manufactured Housing Improvement Act.
486     Section 10.  This act shall take effect upon becoming a
487law.


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