HB 0443CS

CHAMBER ACTION



1The Committee on Finance & Tax 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; amending
50s. 215.559, F.S., relating to the Hurricane Loss
51Mitigation Program, to extend the repeal date of said
52section; providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Subsections (2), (3), and (6) of section
57319.261, Florida Statutes, are amended to read:
58     319.261  Real property transactions; retiring title to
59mobile home.--
60     (2)  The title to the mobile home may be retired by the
61department if the owner of the real property records the
62following documents in the official records of the clerk of
63court in the county in which the real property is located:
64     (a)  The original title to the mobile home, or for a new
65home the manufacturers' certificate of origin, which document
66shall include a description of the mobile home, including model
67year, make, width, length, and vehicle identification number,
68and a statement by any recorded lienholder on the title that the
69security interest in the home has been released, or that such
70security interest will be released upon retirement of the title
71as set forth in this section.
72     (b)  The legal description of the real property, and in the
73case of a leasehold interest, a copy of the lease agreement.
74     (c)  A sworn statement by the owner of the real property,
75as shown on the real property deed or lease, that he or she is
76the owner of the mobile home and that the home is permanently
77affixed to the real property in accordance with state law.
78     (3)  The clerk of court, upon receipt of the documents set
79forth in subsection (2), shall record said documents against the
80real property and provide a copy of the recorded title or
81manufacturers' certificate of origin to the owner of the real
82property with a copy of all the documents recorded pursuant to
83subsection (2).
84     (6)  The owner of the real property with a recorded and
85retired title shall file an application with the department to
86issue a new title to the mobile home, if the mobile home is to
87be removed from the real property. The department shall issue a
88new title upon receipt of an application from the owner of the
89real property containing the following information:
90     (a)  An affidavit signed by the owners of the land and all
91secured parties and other lienholders consenting to the removal
92of the home.
93     (b)  A certification from a title insurance company listing
94the owners and all secured parties and other lienholders, which
95is dated within 10 days of after the date of application for a
96new title under this subsection.
97     Section 2.  Subsection (14) of section 320.822, Florida
98Statutes, is amended to read:
99     320.822  Definitions; ss. 320.822-320.862.--In construing
100ss. 320.822-320.862, unless the context otherwise requires, the
101following words or phrases have the following meanings:
102     (14)  "Setup" or "installation" means the operations
103performed at the occupancy site which render a mobile home or
104park trailer fit for habitation. Such operations include, but
105are not limited to, transporting;, positioning;, blocking;,
106leveling, supporting, and installing foundation products,
107components, and systems; tying down, connecting utility
108systems;, making minor adjustments;, or assembling multiple or
109expandable units.
110     Section 3.  Section 320.823, Florida Statutes, is amended
111to read:
112     320.823  Establishment of uniform mobile home
113standards.--Each new single-family or duplex mobile or
114Each new single-family or duplex mobile or manufactured home
115manufactured in this state or manufactured outside this state
116but sold or offered for sale in this state must be constructed
117to shall meet the Manufactured Federal Mobile Home Construction
118and Safety Standards, promulgated by the Department of Housing
119and Urban Development, pursuant to the Manufactured Housing
120Improvement Act. Each duplex mobile home manufactured in this
121state or manufactured outside this state but sold or offered for
122sale in this state shall be constructed to meet the Federal
123Mobile Home Construction and Safety Standards. Construction
124requirements shall include a 1-hour-fire-rated wall separating
125the two units. Such standards must shall include, but need not
126be limited to, standards for body and frame construction and the
127installation of plumbing, HVAC heating, and electrical systems.
128     Section 4.  Subsections (1), (9), (10), and (12) of section
129320.8249, Florida Statutes, are amended, present subsections
130(14), (15), and (16) are renumbered as subsections (15), (16),
131and (17), respectively, and a new subsection (14) is added to
132said section, to read:
133     320.8249  Mobile home installers license.--
134     (1)  Any person who installs a engages in mobile home
135installation shall obtain a mobile home installers license from
136the Bureau of Mobile Home and Recreational Vehicle Construction
137of the Department of Highway Safety and Motor Vehicles pursuant
138to this section.  Said license shall be renewed annually, and
139each licensee shall pay a fee of $150.
140     (9)  A No licensed person or nor licensed applicant may not
141shall:
142     (a)  Obtain a mobile home installers license by fraud or
143misrepresentation.
144     (b)  Be convicted or found guilty of, or enter a plea of
145nolo contendere to, regardless of adjudication, a crime in any
146jurisdiction which directly relates to the practice of mobile
147home installation or the ability to practice.
148     (c)  Violate any law or rule relating to installing,
149repairing, or dealing in mobile homes or any lawful order of the
150department.
151     (d)  Commit fraud or deceit in the practice of contracting.
152     (e)  Commit incompetence or misconduct in the practice of
153contracting.
154     (f)  Commit gross negligence, repeated negligence, or
155negligence resulting in a significant danger to life or
156property.
157     (g)  Commit violations of the installation standards for
158mobile homes or manufactured homes contained in rules 15C-1.0102
159to 15C-1.0104, Florida Administrative Code.
160     (10)  Any licensed person or license applicant who violates
161subsection (7) or any provision of subsection (9) may have any
162of the following disciplinary penalties imposed by the
163department, at its discretion:
164     (a)  License revocation;
165     (b)  License suspension;
166     (c)  A fine not to exceed $1,000 per violation involving a
167single installation and not to exceed $5,000 for a violation
168involving the total setup;
169     (d)  A requirement to take and pass, or retake and pass,
170the department-approved examination;
171     (e)  Probation;
172     (f)  Probation subject to such restriction of practice as
173the department chooses to impose;
174     (g)  A notice of noncompliance; or
175     (h)  Refusal of licensure application.
176     (12)  A No county, municipality, or other unit of local
177government may not require additional licensing, bonding, or
178insurance of a duly licensed installer who performs setup
179operations as defined in s. 320.822.  However, a county,
180municipality, or other unit of local government may require an
181installer to obtain a local occupational license, which license
182shall not require for its issuance any conditions other than
183those required by this chapter act and payment of the
184appropriate occupational license fee.
185     (14)  Each installer shall maintain a location log for each
186decal for 2 years. This requirement shall not take effect until
187the department develops an acceptable format for the log and
188provides a sample of the acceptable format to each licensed
189installer.
190     Section 5.  Section 320.8251, Florida Statutes, is created
191to read:
192     320.8251  Mobile home installation products; product
193approval.--
194     (1)  Each person or entity that engages in the manufacture
195of mobile home installation components, products, or systems
196must obtain a certification from the department which affirms
197that such component, product, or system is approved for use in
198the installation of mobile homes in this state.
199     (2)  The department shall certify for use in this state any
200mobile home installation component, product, or system for which
201a person or entity applies to the department and which complies
202with subsection (3).
203     (3)  In order to obtain the certification set forth in this
204section, a manufacturer must submit to the department a report
205certifying that the mobile home installation component, product,
206or system meets the mobile home installation standards set forth
207in this section and in department rules. The report must be
208signed and sealed by a professional engineer registered in this
209state. In accordance with chapter 120, the department shall
210review the report and approve or deny the certification of the
211installation component, product, or system for use in the
212installation of mobile homes in this state.
213     (4)  The certification set forth in this subsection is
214subject to suspension or revocation, and the person or entity
215that obtained the certification is subject to a fine set by
216department rules upon a finding by the department that the
217person or entity has obtained the certification by
218misrepresentation or fraud or that the product, component, or
219system does not meet the mobile home installation standards set
220forth in this chapter or in department rules.
221     (5)  Any product, component, or system subject to this
222section which is currently being used in the installation of
223mobile homes in this state is not required to be certified in
224accordance with this section until July 1, 2009.
225     Section 6.  Section 320.8285, Florida Statutes, is amended
226to read:
227     320.8285  Onsite inspection.--
228     (1)  Each county or municipality in this state shall be
229responsible for the prepare and adopt a plan providing for an
230onsite inspection of each mobile home installation located
231within the jurisdiction of such entity. The onsite inspection
232shall ensure compliance with the department's uniform
233installation standards set forth in this chapter and in
234department rules. state and local building codes, ordinances,
235and regulations regarding such functions as blocking and
236leveling, tie-downs, utility connections, conversions of
237appliances, and external improvements on the mobile home. If a
238mobile home is manufactured in conformity with the code, as
239established in s. 320.823, a county may not require modification
240of the mobile home in order to comply with local tie-down
241regulations.
242     (2)  When a county or municipality has not prepared and
243adopted a plan providing for onsite inspection, the department
244shall prepare a minimum onsite inspection plan for such county.
245The department may promulgate reasonable rules and regulations
246pursuant to chapter 120 in preparing and enforcing such a
247minimum onsite inspection plan.
248     (2)(3)  Each county or municipality may designate the
249persons who are to perform the onsite inspection. If a county or
250municipality does not so designate, the department shall
251designate the persons who are to perform the onsite inspection.
252A No person may not shall be designated to perform onsite
253inspections unless that such person is competent in the area
254areas of mobile home installation. blocking and leveling, tie-
255downs, utility connections, conversions of appliances, and
256external improvements. Pursuant to the onsite inspection, each
257mobile home shall be issued a certificate of occupancy if the
258mobile home complies with state and local building codes,
259ordinances, and regulations regarding such functions as blocking
260and leveling, tie-downs, utility connections, conversion of
261appliances, and external improvements to the mobile home.
262     (3)  The county or municipality issuing a permit for the
263installation of a mobile home shall issue such permit only to a
264licensed mobile home installer or to a licensed mobile home
265dealer or manufactured home owner if the dealer or owner
266demonstrates on the face of the application that a licensed
267installer will be performing the actual work. In the case of
268issuance to an owner, the permit must reflect the name and the
269license number of the licensed installer performing the work.
270     (4)  Pursuant to the onsite inspection, each mobile home
271shall be issued a certificate of occupancy if the mobile home
272complies with department rules regarding the installation of
273mobile homes.
274     (5)(4)  Fees for onsite inspections and certificates of
275occupancy of mobile homes shall be reasonable for the services
276performed.  A guideline for fee schedules shall be issued by the
277department.
278     (6)(5)  The Department of Highway Safety and Motor Vehicles
279shall enforce every provision of this section and the rules
280regulations adopted pursuant hereto, except that local land use
281and zoning requirements, fire zones, building setback and side
282and rear yard requirements, site development and property line
283requirements, subdivision control, and onsite installation
284inspection requirements, as well as review and regulation of
285architectural and aesthetic requirements, are hereby
286specifically and entirely reserved to local jurisdictions.
287However, any architectural or aesthetic requirement imposed on
288the mobile home structure itself may pertain only to roofing and
289siding materials. Such local requirements and regulations and
290others for manufactured homes must be reasonable, uniformly
291applied, and enforced without distinctions as to whether such
292housing is manufactured, located in a mobile home park or a
293mobile home subdivision, or built in a conventional manner. No
294local jurisdiction shall prohibit siting or resiting of used
295mobile homes based solely on the date the unit was manufactured.
296     (7)(6)  Park trailers are subject to inspection in the same
297manner as are mobile homes pursuant to this section.
298     Section 7.  Section 320.8325, Florida Statutes, is amended
299to read:
300     320.8325  Mobile homes, manufactured homes, and park
301trailers; uniform tie-down requirements; minimum installation
302standards; injunctions; penalty.--
303     (1)  The owner of a mobile home or park trailer shall
304secure the mobile home or park trailer to the ground by the use
305of anchors and tie-downs so as to resist wind overturning and
306sliding. However, nothing herein shall be construed as requiring
307that anchors and tie-downs be installed to secure mobile homes
308or park trailers which are permanently attached to a permanent
309structure. A permanent structure shall have a foundation and
310such other structural elements as are required pursuant to rules
311and regulations promulgated by the department which assure the
312rigidity and stability of the mobile home or park trailer.
313     (a)  A mobile home or park trailer manufactured in
314accordance with the code standards and labeled "hurricane and
315windstorm resistive" shall be anchored to each anchor point
316provided on the mobile home or park trailer.  A mobile home or
317park trailer which does not meet these standards must be
318anchored with anchor points spaced as required by the department
319starting at each end of the mobile home or park trailer.
320     (b)  In addition, each mobile home or park trailer shall be
321tied down by one of the following means:
322     1.  A mobile home or park trailer having built-in, over-
323the-roof ties shall be secured by the tie-down points, provided
324such built-in ties and points meet the standards promulgated by
325the department.
326     2.  A mobile home or park trailer not having built-in,
327over-the-roof ties and tie-down points which meet department
328standards shall be secured in accordance with standards
329promulgated by the department.
330     (1)(2)  The department shall adopt promulgate rules and
331regulations setting forth uniform standards for the installation
332of mobile homes, manufactured homes, and park trailers and for
333the manufacture of components, products, or systems used in the
334installation of mobile homes, manufactured homes, and park
335trailers. The rules shall ensure that the home or park trailer
336is installed on a permanent foundation that resists wind, flood,
337flotation, overturning, sliding, and lateral movement of the
338home or park trailer. manufacture or installation of anchors,
339tie-downs, over-the-roof ties, or other reliable methods of
340securing mobile homes or park trailers when over-the-roof ties
341are not suitable due to factors such as unreasonable cost,
342design of the mobile home or park trailer, or potential damage
343to the mobile home or park trailer. No entity, other than the
344department, has authority to amend these uniform standards. The
345owner of the mobile home, manufactured home, or park trailer
346shall be responsible for the installation in accordance with
347department rules. Such devices required under this section, when
348properly installed, shall cause the mobile home or park trailer
349to resist wind overturning and sliding.  In promulgating such
350rules and regulations, the department may make such
351discriminations regarding mobile home or park trailer tie-down
352requirements as are reasonable when factors such as age,
353location, and practicality of tying down a mobile home or park
354trailer are considered.
355     (2)(3)(a)  Persons licensed in this state to engage in the
356business of insuring mobile homes, manufactured homes, or park
357trailers that are subject to the provisions of this section
358against damage from windstorm shall issue such insurance only if
359the mobile home, manufactured home, or park trailer has been
360installed anchored and tied down in accordance with the
361requirements provisions of this chapter and department rules
362section.
363     (b)  If In the event that a mobile home, manufactured home,
364or park trailer is insured against damage caused by windstorm
365and subsequently sustains windstorm damage of a nature that
366indicates that the mobile home, manufactured home, or park
367trailer was not installed anchored or tied down in the manner
368required by this chapter and department rules section, the
369person issuing the policy shall not be relieved from meeting the
370obligations specified in the insurance policy with respect to
371such damage on the basis that the mobile home or park trailer
372was not properly installed anchored or tied down.
373     (3)(4)  Whenever a person or entity that who engages in the
374business of manufactured housing installation or installing
375anchors, tie-downs, or over-the-roof ties or who engages in the
376business of manufacturing components, products, or systems,
377distributing, or dealing in such devices for use in this state
378and does so in a manner that is not in accordance with the
379uniform minimum standards set forth by the department, a person
380or entity aggrieved thereby may bring an action in the
381appropriate court for actual damages. In addition, the court may
382provide appropriate equitable relief, including the enjoining of
383a violator from engaging in the business or from engaging in
384further violations.  Whenever it is established to the
385satisfaction of the court that a willful violation has occurred,
386the court shall award punitive damages to the aggrieved party.  
387The losing party may be liable for court costs and reasonable
388attorney's fees incurred by the prevailing party.
389     (4)(5)  In addition to other penalties provided in this
390section, the department or the state attorneys and their
391assistants are authorized to apply to the circuit courts within
392their respective jurisdictions, and such courts shall have
393jurisdiction, upon hearing and for cause shown, to grant
394temporary or permanent injunctions restraining any person or
395entity persons engaging in the business of manufactured housing
396installation or the manufacturing of components, products, or
397systems manufacturing, distributing, or dealing in anchors, tie-
398downs, or over-the-roof ties from installing homes or
399manufacturing or selling such components, products, or systems
400devices in a manner not in accordance with the uniform minimum
401standards set forth by the department or restraining any persons
402in the business of installing such components, products, or
403systems anchors, tie-downs, or over-the-roof ties from using
404utilizing devices that do not meet the uniform minimum standards
405set forth by the department or from installing such components,
406products, or systems devices in a manner not in accordance with
407the uniform minimum standards set forth by the department,
408whether or not there exists an adequate remedy at law, and such
409injunctions shall issue without bond.
410     (5)(6)  This section only applies only to a mobile home,
411manufactured home, or park trailer that is being used as a
412dwelling place and that is located on a particular location for
413a period of time exceeding 14 days, for a mobile or manufactured
414home, or 45 days, for a park trailer.
415     (6)(7)  For the purposes of this section, the definitions
416set forth in s. 320.822 apply.
417     Section 8.  Section 320.834, Florida Statutes, is amended
418to read:
419     320.834  Purpose.--It is the intent of the Legislature to
420ensure the safety and welfare of residents of mobile homes
421through an inspection program conducted by the Department of
422Highway Safety and Motor Vehicles. Mobile homes are a primary
423affordable housing resource of many of the residents of the
424state and satisfy a large segment of statewide housing needs. It
425is the further intent of the Legislature that the department,
426mobile home dealers, and mobile home manufacturers continue to
427work together to meet the applicable code requirements for
428mobile homes and that such dealers and manufacturers share the
429responsibilities of warranting mobile homes in accordance with
430applicable codes and resolving legitimate consumer complaints in
431a timely, efficient manner.
432     Section 9.  Section 320.835, Florida Statutes, is amended
433to read:
434     320.835  Mobile home and recreational vehicle
435warranties.--Each manufacturer, dealer, installer, and supplier
436Each manufacturer, dealer, installer, and supplier of mobile
437homes or recreational vehicles shall warrant each new mobile
438home or recreational vehicle sold in this state and the setup of
439each such mobile home, in accordance with the warranty
440requirements prescribed by this section, for a period of at
441least 12 months, measured from the date of delivery of the
442mobile home to the buyer or the date of sale of the recreational
443vehicle in the case of a manufacturer or dealer, or from the
444date of receipt of a certificate of occupancy in the case of an
445installer. The warranty requirements of each manufacturer,
446dealer, installer, and supplier of mobile homes or recreational
447vehicles are as follows:
448     (1)  The manufacturer warrants:
449     (a)  For a mobile home or recreational vehicle, that all
450structural elements; plumbing systems; heating, cooling, and
451fuel-burning systems; electrical systems; fire prevention
452systems; and any other components or conditions included by the
453manufacturer are free from substantial defect.
454     (b)  That 100-ampere electrical service exists in the
455mobile home.
456     (2)  The dealer warrants:
457     (a)  That any modifications or alterations made to the
458mobile home or recreational vehicle by the dealer or authorized
459by the dealer shall be free from substantial defect. Alterations
460or modifications made by a dealer shall relieve the manufacturer
461of warranty responsibility only as to the item altered or
462modified.
463     (b)  That setup operations performed on the mobile home are
464performed in compliance with s. 320.8325.
465     (c)  That substantial defects do not occur to the mobile
466home during setup or by transporting it to the occupancy site.
467
468When the setup of a mobile home is performed by a person who is
469not an employee or agent of the mobile home manufacturer or
470dealer and is not compensated or authorized by, or connected
471with, such manufacturer or dealer, then the warranty
472responsibility of the manufacturer or dealer as to setup shall
473be limited to transporting the mobile home to the occupancy site
474free from substantial defect.
475     (3)  The installer warrants that the setup operations
476performed on the mobile home are performed in compliance with s.
477320.8325 and department rules governing the installation.
478     (4)(3)  The supplier warrants that any warranties generally
479offered in the ordinary sale of his or her product to consumers
480shall be extended to buyers of mobile homes and recreational
481vehicles.  When no warranty is extended by suppliers, the
482manufacturer shall assume warranty responsibility for that
483component.
484     (5)  The department may adopt rules under chapter 120 to
485resolve disputes that may arise among the mobile home
486manufacturer, dealer, installer, or supplier. Those rules must
487comply with the dispute resolution process as set forth in the
488federal Manufactured Housing Improvement Act.
489     Section 10.  Subsection (8) of section 215.559, Florida
490Statutes, is amended to read:
491     215.559  Hurricane Loss Mitigation Program.--
492     (8)  This section is repealed June 30, 2011 2006.
493     Section 11.  This act shall take effect upon becoming a
494law.


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