HB 0443

1
A bill to be entitled
2An act relating to mobile and manufactured homes; amending
3s. 319.261, F.S.; deleting a requirement that the
4manufacturer's certificate of origin be recorded with the
5clerk of court in order for the Department of Highway
6Safety and Motor Vehicles to retire the title to a mobile
7home; amending s. 320.822, F.S.; defining the term
8"installation"; amending s. 320.823, F.S.; requiring that
9mobile and manufactured homes sold in this state be
10constructed to meet certain standards; amending s.
11320.8249, F.S.; revising penalties imposed against mobile
12home installers who engage in certain prohibited
13activities; prohibiting a local government from requiring
14an installer to obtain an additional bond or insurance;
15requiring installers to maintain a location log; creating
16s. 320.8251, F.S.; requiring a person or entity that
17manufactures mobile home installation components,
18products, or systems to obtain a certificate of approval
19from the Department of Highway Safety and Motor Vehicles;
20providing requirements for certification; authorizing the
21department to suspend or revoke the certification under
22certain circumstances; providing that products,
23components, or systems currently used in the installation
24of mobile homes need not be certified until a certain
25date; amending s. 320.8285, F.S.; requiring each county or
26municipality to be responsible for the onsite inspection
27of mobile home installation within its jurisdiction;
28revising competency requirements for performing onsite
29inspections; providing requirements for a county or
30municipality in issuing a permit for the installation of a
31mobile home and issuing a certificate of occupancy;
32amending s. 320.8325, F.S.; deleting provisions requiring
33the use of tie-downs and anchors; revising requirements of
34the department with respect to rules setting forth
35standards for the installation of mobile homes,
36manufactured homes, and park trailers; providing that
37owners are responsible for installation pursuant to
38department rules; amending s. 320.834, F.S.; providing
39legislative intent that mobile homes be an affordable
40housing resource in this state; amending s. 320.835, F.S.;
41requiring installers to warrant the installation of a new
42mobile home from the date of receipt of a certificate of
43occupancy for a certain period; authorizing the department
44to adopt rules to resolve disputes between mobile home
45manufacturers, dealers, installers, or suppliers; amending
46s. 215.559, F.S., relating to the Hurricane Loss
47Mitigation Program, to extend the repeal date of said
48section; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsections (2), (3), and (6) of section
53319.261, Florida Statutes, are amended to read:
54     319.261  Real property transactions; retiring title to
55mobile home.--
56     (2)  The title to the mobile home may be retired by the
57department if the owner of the real property records the
58following documents in the official records of the clerk of
59court in the county in which the real property is located:
60     (a)  The original title to the mobile home, or for a new
61home the manufacturers' certificate of origin, which document
62shall include a description of the mobile home, including model
63year, make, width, length, and vehicle identification number,
64and a statement by any recorded lienholder on the title that the
65security interest in the home has been released, or that such
66security interest will be released upon retirement of the title
67as set forth in this section.
68     (b)  The legal description of the real property, and in the
69case of a leasehold interest, a copy of the lease agreement.
70     (c)  A sworn statement by the owner of the real property,
71as shown on the real property deed or lease, that he or she is
72the owner of the mobile home and that the home is permanently
73affixed to the real property in accordance with state law.
74     (3)  The clerk of court, upon receipt of the documents set
75forth in subsection (2), shall record said documents against the
76real property and provide a copy of the recorded title or
77manufacturers' certificate of origin to the owner of the real
78property with a copy of all the documents recorded pursuant to
79subsection (2).
80     (6)  The owner of the real property with a recorded and
81retired title shall file an application with the department to
82issue a new title to the mobile home, if the mobile home is to
83be removed from the real property. The department shall issue a
84new title upon receipt of an application from the owner of the
85real property containing the following information:
86     (a)  An affidavit signed by the owners of the land and all
87secured parties and other lienholders consenting to the removal
88of the home.
89     (b)  A certification from a title insurance company listing
90the owners and all secured parties and other lienholders, which
91is dated within 10 days of after the date of application for a
92new title under this subsection.
93     Section 2.  Subsection (14) of section 320.822, Florida
94Statutes, is amended to read:
95     320.822  Definitions; ss. 320.822-320.862.--In construing
96ss. 320.822-320.862, unless the context otherwise requires, the
97following words or phrases have the following meanings:
98     (14)  "Setup" or "installation" means the operations
99performed at the occupancy site which render a mobile home or
100park trailer fit for habitation. Such operations include, but
101are not limited to, transporting;, positioning;, blocking;,
102leveling, supporting, and installing foundation products,
103components, and systems; tying down, connecting utility
104systems;, making minor adjustments;, or assembling multiple or
105expandable units.
106     Section 3.  Section 320.823, Florida Statutes, is amended
107to read:
108     320.823  Establishment of uniform mobile home
109standards.--Each new single-family or duplex mobile or
110Each new single-family or duplex mobile or manufactured home
111manufactured in this state or manufactured outside this state
112but sold or offered for sale in this state must be constructed
113to shall meet the Manufactured Federal Mobile Home Construction
114and Safety Standards, promulgated by the Department of Housing
115and Urban Development, pursuant to the Manufactured Housing
116Improvement Act. Each duplex mobile home manufactured in this
117state or manufactured outside this state but sold or offered for
118sale in this state shall be constructed to meet the Federal
119Mobile Home Construction and Safety Standards. Construction
120requirements shall include a 1-hour-fire-rated wall separating
121the two units. Such standards must shall include, but need not
122be limited to, standards for body and frame construction and the
123installation of plumbing, HVAC heating, and electrical systems.
124     Section 4.  Subsections (1), (9), (10), and (12) of section
125320.8249, Florida Statutes, are amended, present subsections
126(14), (15), and (16) are renumbered as subsections (15), (16),
127and (17), respectively, and a new subsection (14) is added to
128said section, to read:
129     320.8249  Mobile home installers license.--
130     (1)  Any person who installs a engages in mobile home
131installation shall obtain a mobile home installers license from
132the Bureau of Mobile Home and Recreational Vehicle Construction
133of the Department of Highway Safety and Motor Vehicles pursuant
134to this section.  Said license shall be renewed annually, and
135each licensee shall pay a fee of $150.
136     (9)  A No licensed person or nor licensed applicant may not
137shall:
138     (a)  Obtain a mobile home installers license by fraud or
139misrepresentation.
140     (b)  Be convicted or found guilty of, or enter a plea of
141nolo contendere to, regardless of adjudication, a crime in any
142jurisdiction which directly relates to the practice of mobile
143home installation or the ability to practice.
144     (c)  Violate any law or rule relating to installing,
145repairing, or dealing in mobile homes or any lawful order of the
146department.
147     (d)  Commit fraud or deceit in the practice of contracting.
148     (e)  Commit incompetence or misconduct in the practice of
149contracting.
150     (f)  Commit gross negligence, repeated negligence, or
151negligence resulting in a significant danger to life or
152property.
153     (g)  Commit violations of the installation standards for
154mobile homes or manufactured homes contained in rules 15C-1.0102
155to 15C-1.0104, Florida Administrative Code.
156     (10)  Any licensed person or license applicant who violates
157subsection (7) or any provision of subsection (9) may have any
158of the following disciplinary penalties imposed by the
159department, at its discretion:
160     (a)  License revocation;
161     (b)  License suspension;
162     (c)  A fine not to exceed $1,000 per violation involving a
163single installation and not to exceed $5,000 for a violation
164involving the total setup;
165     (d)  A requirement to take and pass, or retake and pass,
166the department-approved examination;
167     (e)  Probation;
168     (f)  Probation subject to such restriction of practice as
169the department chooses to impose;
170     (g)  A notice of noncompliance; or
171     (h)  Refusal of licensure application.
172     (12)  A No county, municipality, or other unit of local
173government may not require additional licensing, bonding, or
174insurance of a duly licensed installer who performs setup
175operations as defined in s. 320.822.  However, a county,
176municipality, or other unit of local government may require an
177installer to obtain a local occupational license, which license
178shall not require for its issuance any conditions other than
179those required by this chapter act and payment of the
180appropriate occupational license fee.
181     (14)  Each installer shall maintain a location log for each
182decal for 2 years. This requirement shall not take effect until
183the department develops an acceptable format for the log and
184provides a sample of the acceptable format to each licensed
185installer.
186     Section 5.  Section 320.8251, Florida Statutes, is created
187to read:
188     320.8251  Mobile home installation products; product
189approval.--
190     (1)  Each person or entity that engages in the manufacture
191of mobile home installation components, products, or systems
192must obtain a certification from the department which affirms
193that such component, product, or system is approved for use in
194the installation of mobile homes in this state.
195     (2)  The department shall certify for use in this state any
196mobile home installation component, product, or system for which
197a person or entity applies to the department and which complies
198with subsection (3).
199     (3)  In order to obtain the certification set forth in this
200section, a manufacturer must submit to the department a report
201certifying that the mobile home installation component, product,
202or system meets the mobile home installation standards set forth
203in this section and in department rules. The report must be
204signed and sealed by a professional engineer registered in this
205state. In accordance with chapter 120, the department shall
206review the report and approve or deny the certification of the
207installation component, product, or system for use in the
208installation of mobile homes in this state.
209     (4)  The certification set forth in this subsection is
210subject to suspension or revocation, and the person or entity
211that obtained the certification is subject to a fine set by
212department rules upon a finding by the department that the
213person or entity has obtained the certification by
214misrepresentation or fraud or that the product, component, or
215system does not meet the mobile home installation standards set
216forth in this chapter or in department rules.
217     (5)  Any product, component, or system subject to this
218section which is currently being used in the installation of
219mobile homes in this state is not required to be certified in
220accordance with this section until July 1, 2009.
221     Section 6.  Section 320.8285, Florida Statutes, is amended
222to read:
223     320.8285  Onsite inspection.--
224     (1)  Each county or municipality in this state shall be
225responsible for the prepare and adopt a plan providing for an
226onsite inspection of each mobile home installation located
227within the jurisdiction of such entity. The onsite inspection
228shall ensure compliance with the department's uniform
229installation standards set forth in this chapter and in
230department rules. state and local building codes, ordinances,
231and regulations regarding such functions as blocking and
232leveling, tie-downs, utility connections, conversions of
233appliances, and external improvements on the mobile home. If a
234mobile home is manufactured in conformity with the code, as
235established in s. 320.823, a county may not require modification
236of the mobile home in order to comply with local tie-down
237regulations.
238     (2)  When a county or municipality has not prepared and
239adopted a plan providing for onsite inspection, the department
240shall prepare a minimum onsite inspection plan for such county.
241The department may promulgate reasonable rules and regulations
242pursuant to chapter 120 in preparing and enforcing such a
243minimum onsite inspection plan.
244     (2)(3)  Each county or municipality may designate the
245persons who are to perform the onsite inspection. If a county or
246municipality does not so designate, the department shall
247designate the persons who are to perform the onsite inspection.
248A No person may not shall be designated to perform onsite
249inspections unless that such person is competent in the area
250areas of mobile home installation. blocking and leveling, tie-
251downs, utility connections, conversions of appliances, and
252external improvements. Pursuant to the onsite inspection, each
253mobile home shall be issued a certificate of occupancy if the
254mobile home complies with state and local building codes,
255ordinances, and regulations regarding such functions as blocking
256and leveling, tie-downs, utility connections, conversion of
257appliances, and external improvements to the mobile home.
258     (3)  The county or municipality issuing a permit for the
259installation of a mobile home shall issue such permit only to a
260licensed mobile home installer or to a licensed mobile home
261dealer or manufactured home owner if the dealer or owner
262demonstrates on the face of the application that a licensed
263installer will be performing the actual work. In the case of
264issuance to an owner, the permit must reflect the name and the
265license number of the licensed installer performing the work.
266     (4)  Pursuant to the onsite inspection, each mobile home
267shall be issued a certificate of occupancy if the mobile home
268complies with department rules regarding the installation of
269mobile homes.
270     (5)(4)  Fees for onsite inspections and certificates of
271occupancy of mobile homes shall be reasonable for the services
272performed.  A guideline for fee schedules shall be issued by the
273department.
274     (6)(5)  The Department of Highway Safety and Motor Vehicles
275shall enforce every provision of this section and the rules
276regulations adopted pursuant hereto, except that local land use
277and zoning requirements, fire zones, building setback and side
278and rear yard requirements, site development and property line
279requirements, subdivision control, and onsite installation
280inspection requirements, as well as review and regulation of
281architectural and aesthetic requirements, are hereby
282specifically and entirely reserved to local jurisdictions.
283However, any architectural or aesthetic requirement imposed on
284the mobile home structure itself may pertain only to roofing and
285siding materials. Such local requirements and regulations and
286others for manufactured homes must be reasonable, uniformly
287applied, and enforced without distinctions as to whether such
288housing is manufactured, located in a mobile home park or a
289mobile home subdivision, or built in a conventional manner. No
290local jurisdiction shall prohibit siting or resiting of used
291mobile homes based solely on the date the unit was manufactured.
292     (7)(6)  Park trailers are subject to inspection in the same
293manner as are mobile homes pursuant to this section.
294     Section 7.  Section 320.8325, Florida Statutes, is amended
295to read:
296     320.8325  Mobile homes, manufactured homes, and park
297trailers; uniform tie-down requirements; minimum installation
298standards; injunctions; penalty.--
299     (1)  The owner of a mobile home or park trailer shall
300secure the mobile home or park trailer to the ground by the use
301of anchors and tie-downs so as to resist wind overturning and
302sliding. However, nothing herein shall be construed as requiring
303that anchors and tie-downs be installed to secure mobile homes
304or park trailers which are permanently attached to a permanent
305structure. A permanent structure shall have a foundation and
306such other structural elements as are required pursuant to rules
307and regulations promulgated by the department which assure the
308rigidity and stability of the mobile home or park trailer.
309     (a)  A mobile home or park trailer manufactured in
310accordance with the code standards and labeled "hurricane and
311windstorm resistive" shall be anchored to each anchor point
312provided on the mobile home or park trailer.  A mobile home or
313park trailer which does not meet these standards must be
314anchored with anchor points spaced as required by the department
315starting at each end of the mobile home or park trailer.
316     (b)  In addition, each mobile home or park trailer shall be
317tied down by one of the following means:
318     1.  A mobile home or park trailer having built-in, over-
319the-roof ties shall be secured by the tie-down points, provided
320such built-in ties and points meet the standards promulgated by
321the department.
322     2.  A mobile home or park trailer not having built-in,
323over-the-roof ties and tie-down points which meet department
324standards shall be secured in accordance with standards
325promulgated by the department.
326     (1)(2)  The department shall adopt promulgate rules and
327regulations setting forth uniform standards for the installation
328of mobile homes, manufactured homes, and park trailers and for
329the manufacture of components, products, or systems used in the
330installation of mobile homes, manufactured homes, and park
331trailers. The rules shall ensure that the home or park trailer
332is installed on a permanent foundation that resists wind, flood,
333flotation, overturning, sliding, and lateral movement of the
334home or park trailer. manufacture or installation of anchors,
335tie-downs, over-the-roof ties, or other reliable methods of
336securing mobile homes or park trailers when over-the-roof ties
337are not suitable due to factors such as unreasonable cost,
338design of the mobile home or park trailer, or potential damage
339to the mobile home or park trailer. No entity, other than the
340department, has authority to amend these uniform standards. The
341owner of the mobile home, manufactured home, or park trailer
342shall be responsible for the installation in accordance with
343department rules. Such devices required under this section, when
344properly installed, shall cause the mobile home or park trailer
345to resist wind overturning and sliding.  In promulgating such
346rules and regulations, the department may make such
347discriminations regarding mobile home or park trailer tie-down
348requirements as are reasonable when factors such as age,
349location, and practicality of tying down a mobile home or park
350trailer are considered.
351     (2)(3)(a)  Persons licensed in this state to engage in the
352business of insuring mobile homes, manufactured homes, or park
353trailers that are subject to the provisions of this section
354against damage from windstorm shall issue such insurance only if
355the mobile home, manufactured home, or park trailer has been
356installed anchored and tied down in accordance with the
357requirements provisions of this chapter and department rules
358section.
359     (b)  If In the event that a mobile home, manufactured home,
360or park trailer is insured against damage caused by windstorm
361and subsequently sustains windstorm damage of a nature that
362indicates that the mobile home, manufactured home, or park
363trailer was not installed anchored or tied down in the manner
364required by this chapter and department rules section, the
365person issuing the policy shall not be relieved from meeting the
366obligations specified in the insurance policy with respect to
367such damage on the basis that the mobile home or park trailer
368was not properly installed anchored or tied down.
369     (3)(4)  Whenever a person or entity that who engages in the
370business of manufactured housing installation or installing
371anchors, tie-downs, or over-the-roof ties or who engages in the
372business of manufacturing components, products, or systems,
373distributing, or dealing in such devices for use in this state
374and does so in a manner that is not in accordance with the
375uniform minimum standards set forth by the department, a person
376or entity aggrieved thereby may bring an action in the
377appropriate court for actual damages. In addition, the court may
378provide appropriate equitable relief, including the enjoining of
379a violator from engaging in the business or from engaging in
380further violations.  Whenever it is established to the
381satisfaction of the court that a willful violation has occurred,
382the court shall award punitive damages to the aggrieved party.  
383The losing party may be liable for court costs and reasonable
384attorney's fees incurred by the prevailing party.
385     (4)(5)  In addition to other penalties provided in this
386section, the department or the state attorneys and their
387assistants are authorized to apply to the circuit courts within
388their respective jurisdictions, and such courts shall have
389jurisdiction, upon hearing and for cause shown, to grant
390temporary or permanent injunctions restraining any person or
391entity persons engaging in the business of manufactured housing
392installation or the manufacturing of components, products, or
393systems manufacturing, distributing, or dealing in anchors, tie-
394downs, or over-the-roof ties from installing homes or
395manufacturing or selling such components, products, or systems
396devices in a manner not in accordance with the uniform minimum
397standards set forth by the department or restraining any persons
398in the business of installing such components, products, or
399systems anchors, tie-downs, or over-the-roof ties from using
400utilizing devices that do not meet the uniform minimum standards
401set forth by the department or from installing such components,
402products, or systems devices in a manner not in accordance with
403the uniform minimum standards set forth by the department,
404whether or not there exists an adequate remedy at law, and such
405injunctions shall issue without bond.
406     (5)(6)  This section only applies only to a mobile home,
407manufactured home, or park trailer that is being used as a
408dwelling place and that is located on a particular location for
409a period of time exceeding 14 days, for a mobile or manufactured
410home, or 45 days, for a park trailer.
411     (6)(7)  For the purposes of this section, the definitions
412set forth in s. 320.822 apply.
413     Section 8.  Section 320.834, Florida Statutes, is amended
414to read:
415     320.834  Purpose.--It is the intent of the Legislature to
416ensure the safety and welfare of residents of mobile homes
417through an inspection program conducted by the Department of
418Highway Safety and Motor Vehicles. Mobile homes are a primary
419affordable housing resource of many of the residents of the
420state and satisfy a large segment of statewide housing needs. It
421is the further intent of the Legislature that the department,
422mobile home dealers, and mobile home manufacturers continue to
423work together to meet the applicable code requirements for
424mobile homes and that such dealers and manufacturers share the
425responsibilities of warranting mobile homes in accordance with
426applicable codes and resolving legitimate consumer complaints in
427a timely, efficient manner.
428     Section 9.  Section 320.835, Florida Statutes, is amended
429to read:
430     320.835  Mobile home and recreational vehicle
431warranties.--Each manufacturer, dealer, installer, and supplier
432Each manufacturer, dealer, installer, and supplier of mobile
433homes or recreational vehicles shall warrant each new mobile
434home or recreational vehicle sold in this state and the setup of
435each such mobile home, in accordance with the warranty
436requirements prescribed by this section, for a period of at
437least 12 months, measured from the date of delivery of the
438mobile home to the buyer or the date of sale of the recreational
439vehicle in the case of a manufacturer or dealer, or from the
440date of receipt of a certificate of occupancy in the case of an
441installer. The warranty requirements of each manufacturer,
442dealer, installer, and supplier of mobile homes or recreational
443vehicles are as follows:
444     (1)  The manufacturer warrants:
445     (a)  For a mobile home or recreational vehicle, that all
446structural elements; plumbing systems; heating, cooling, and
447fuel-burning systems; electrical systems; fire prevention
448systems; and any other components or conditions included by the
449manufacturer are free from substantial defect.
450     (b)  That 100-ampere electrical service exists in the
451mobile home.
452     (2)  The dealer warrants:
453     (a)  That any modifications or alterations made to the
454mobile home or recreational vehicle by the dealer or authorized
455by the dealer shall be free from substantial defect. Alterations
456or modifications made by a dealer shall relieve the manufacturer
457of warranty responsibility only as to the item altered or
458modified.
459     (b)  That setup operations performed on the mobile home are
460performed in compliance with s. 320.8325.
461     (c)  That substantial defects do not occur to the mobile
462home during setup or by transporting it to the occupancy site.
463
464When the setup of a mobile home is performed by a person who is
465not an employee or agent of the mobile home manufacturer or
466dealer and is not compensated or authorized by, or connected
467with, such manufacturer or dealer, then the warranty
468responsibility of the manufacturer or dealer as to setup shall
469be limited to transporting the mobile home to the occupancy site
470free from substantial defect.
471     (3)  The installer warrants that the setup operations
472performed on the mobile home are performed in compliance with s.
473320.8325 and department rules governing the installation.
474     (4)(3)  The supplier warrants that any warranties generally
475offered in the ordinary sale of his or her product to consumers
476shall be extended to buyers of mobile homes and recreational
477vehicles.  When no warranty is extended by suppliers, the
478manufacturer shall assume warranty responsibility for that
479component.
480     (5)  The department may adopt rules under chapter 120 to
481resolve disputes that may arise among the mobile home
482manufacturer, dealer, installer, or supplier. Those rules must
483comply with the dispute resolution process as set forth in the
484federal Manufactured Housing Improvement Act.
485     Section 10.  Subsection (8) of section 215.559, Florida
486Statutes, is amended to read:
487     215.559  Hurricane Loss Mitigation Program.--
488     (8)  This section is repealed June 30, 2011 2006.
489     Section 11.  This act shall take effect upon becoming a
490law.


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